IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 34154 of 2010(T) -------------------------- PETITIONER(S): --------------- V.R.RADHADEVI, W/O. SIVAKUMAR, AGED 42 YEARS, ACCOUNTS ASSISTANT, NIRMITHI KENDRA, THRISSUR, (UNDER SUSPENSION), RESIDING AT PANDARAPARAMBIL, P.O.VELLAPPAYA, THRISSUR-680596. BY ADV. SRI.R.SREERAJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR-680 501. 2. THE REVENUE DIVISIONAL OFFICER & SECRETARY, NIRMITHI KENDRA, THRISSUR-680 501. 3. THE PROJECT MANAGER, NIRMITHI KENDRA, THRISSUR-680 501. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.34154 of 2010 ================== Dated this the 8th day of December, 2010 J U D G M E N T The petitioner is an employee of the Nirmitha Kendra. The petitioner has been suspended from service pending disciplinary proceedings. Suspension was on 1.3.2008. Petitioner's grievance in this writ petition is that the petitioner is not being paid subsistence allowance and the disciplinary proceedings have not yet commenced. 2. On 12.11.2010 I directed the learned Government Pleader to get instructions as to why subsistence allowance has not been paid to the petitioner and within what time, the disciplinary proceedings can be completed. 3. Today, the learned Government Pleader submits that insofar as the Kerala Service Rules are not applicable to the petitioner, there is no rule for paying subsistence allowance. He further submits that the disciplinary proceedings can be completed within two months. 4. If the Kerala Service Rules are not applicable, then necessarily the Kerala Payment of Subsistence Allowance Act would be applicable to the petitioner. Suspension is not disputed. If that be so, the petitioner is entitled to subsistence allowance as per the Kerala Payment of Subsistence Allowance Act. Accordingly, this writ petition is disposed of with the following directions: w.p.c.34154/10 2 The petitioner shall be paid subsistence allowance under the Kerala Payment of Subsistence Allowance Act. Arrears shall be paid within one month from the date of receipt of a certified copy of this judgment. The disciplinary proceedings shall be completed, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge