IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 33667 of 2004(G) -------------------------------------- PETITIONERS: ------------------- 1. O.T.FRANCIS, OLLATTUPURATH HOUSE, THURUTHIPPURAM P.O., VIA. KODUNGALLOOR. * ADDL. P2 TO P4 IMPLEADED ADDL. P2: PHILO.V.K., W/O.O.T.FRANCIS, THURITHIPURAM, ERNAKULAM. ADDL. P3: NENU FRANCIS, D/O.O.T.FRANCIS, THURITHIPURAM, ERNAKULAM. ADDL. P4: NIDHIN FRANCIS (MINOR) S/O. O.T.FRANCIS, THURITHIPURAM, ERNAKULAM. * ARE IMPLEADED AS PER ADDITIONAL PETITIONERS AS PER ORDER DATED 08/03/07 IN I.A. NO.12742/2006. BY ADV. SRI.PAULSON C.VARGHESE SRI.C.ARUN PRASANTH RESPONDENTS: ---------------------- 1. THURUTHIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.1789,THURUTHIPPURAM, VIA. KODUNGALLOOR 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 ADV. SRI.P.N.MOHANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 33667/2004-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 13/05/03 PASSED BY FIRST RESPONDENT. EXT.P2: COPY OF THE PROCEEDINGS OF THE DISCIPLINARY ACTION AND DISMISSED ORDER SUB-COMMITTEE OF THE FIRST RESPONDENT BANK. EXT.P3: COPY OF THE LETTER DATED 10/05/2004 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF THE CERTIFICATE DATED 31/05/2004 ISSUED BY THE THAHASILDAR, NORTH PARUR. EXT.P5: COPY OF THE ORDER DATED 14/06/2004 OF THAHASILDAR, PARUR. EXT.P6: COPY OF THE LETTER DATED 03/08/2004 SEND BY FIRST RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 12/08/2004 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE CERTIFICATE DATED 31/05/2004 ISSUED BY THE TAHSILDAR, PARUR. EXT.R1(b): COPY OF THE CERTIFICATE DATED 14/06/04 ISSUED BY TAHSILDAR. EXT.R1(c): COPY OF THE NOTICE PUBLISHED BY THE PETITIONER DATED 21/08/2004. EXT.R1(d): COPY OF THE NOTICE PUBLISHED BY THE PETITIONER DATED 01/09/05. EXT.R1(e): COPY OF THE LETTER DATED 20/10/2003 OF THE LIC OF INDIA. EXT.R1(f): COPY OF THE LETTER SENT BY ASST. REGISTRAR TO THE RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.33667 OF 2004 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T Petitioner approached this Court aggrieved by Exhibit P6 whereby his claim for subsistence allowance was rejected. Under Note 3 to Rule 55 Part I Kerala Service Rules, subsistence allowance can be paid only if the incumbent is not engaged in any other employment, business, profession or vocation. 2. During the pendency of the writ petition, petitioner expired and his legal heirs have been impleaded as additional petitioners. In the event of the additional petitioners producing the required certificate before the first respondent in terms of the requirement noted above, appropriate action will be taken by the first respondent for disbursing the eligible subsistence allowance. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 33667 OF 2004 J U D G M E N T 24.09.2008