IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36330 of 2010(M) -------------------------- PETITIONER(S): --------------- BYJU THOMAS, S/O. THOMAS, ANDOOR HOUSE, KUNNAMANGALAM (POST), MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): --------------- 1. THE CHAIRMAN, DISTRICT TOURISM PROMOTION COUNCIL, KALPETTA NORTH, WAYANAD, PIN-673 121. 2. THE SECRETARY, DISTRICT TOURISM PROMOTION COUNCIL, WAYANAD, PIN-673 121. 3. THE DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM-01. 4. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM-01. GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 36330 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of December, 2010. J U D G M E N T By order dated 4.5.2010, while the petitioner was working as an Information Assistant in the Kuruva Eco Tourism Project of the District Tourism Promotion Council of Wyanad, the petitioner was suspended from service. Now, Ext. P17 charge memo dated 4.11.2010 has been issued to the petitioner. The petitioner challenges the suspension order and also alleges that subsistence allowance due to the petitioner has not been paid from 4.5.2010 onwards. The petitioner therefore seeks the following reliefs: “a. Issue a writ of certiorari or other appropriate writ, order or direction calling for the original of Ext. P10 suspension order and P17 charge memo and quash the same. b. To issue a writ of mandamus or appropriate writ, order or direction directing the respondents to reinstate the petitioner in service continuity on service without any breakage in service with back wages and other benefits with immediate effect. c. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to give subsistence wages for the period from 4.5.2010 onwards.” 2. I have heard the learned Government Pleader also. In view of the seriousness of the charges in Ext. P17 charge memo, I am not inclined to interfere with the suspension order at present. However, it would be open to the petitioner to seek review of the suspension order before the Government or the appropriate authority. Now that the petitioner is under suspension, the petitioner is certainly entitled to subsistence allowance. Arrears of subsistence allowance due to the petitioner shall be paid within one month from the date of receipt of a copy of this judgment. The petitioner shall be W.P.C. No. 36330/2010 -: 2 :- continued to be paid subsistence allowance every month so long as the suspension continues. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.