IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23101 of 2008(A) -------------------------------------- PETITIONER: ------------------- V.U.BABY, VETTUKUZHIYIL HOUSE, VELLASSERI, KADUTHURUTHY CHIEF CASHIER, KOTTAYAM DISTRICT CO-OPERATIVE BANK, (UNDER SUSPENSION). BY ADV. SRI.V.G.ARUN, ADV. SRI.T.R.HARIKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE BOARD OF DIRECTORS OF THE KOTTAYAM DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS PRESIDENT. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. 4. THE EMPLOYEES PROVIDENT FUND ORGANISATION, SUB OFFICE, C.M.S.COLLEGE ROAD, KOTTAYAM - 1. SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R3, ADV. SRI. T.A. SHAJI FOR R1, ADV. SRI.JOY THATTIL ITTOOP FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23101 OF 2008 ------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT The short issue raised by the petitioner is that he is not being paid his due subsistence allowance. Learned counsel for the bank states, on instructions, that it has no objection in the petitioner drawing the subsistence allowance and that due credit has been given into his cash-credit account. If that be so, the petitioner can operate the cash-credit account and withdraw the amounts. If the petitioner does not have cheque leaves for him, he can request the bank to issue fresh cheque leaves or withdrawal slips which can be utilised for that purpose. All this will be without prejudice to other contentions on either side in any disciplinary proceedings. 2. If the petitioner has any other grievances, including regarding any unauthorised deduction from the subsistence allowance, he may take recourse to statutory remedies, either WPC.23101/08 Page numbers under the Kerala Payment of Subsistence Allowance Act or under the provisions of the Kerala Co-operative Societies Act, 1969, whichever is applicable. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.6/8.