IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 12444 of 2011(E) -------------------------- PETITIONER(S): --------------- R.SREEJAYA,D/O.GURUDASAN,SECRETARY (UNDER SUSPENSION),PALACHIRA MILK PRODUCERS CO-OPERATIVE SOCIETY,R/AT KARUNYA, KOONAMKULAM,--- POOTHAKKULAM PO, KOLLAM. BY ADV. SMT.P.S.PREETHA RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT DIARY DEVELOPMENT DEPARTMENT, BEACH ROAD, KOLLAM-1. 2. THE DIARY DEVELOPMENT OFFICER, CHATHANNOOR PO, KOLLAM DISTRICT,PIN 691 572. 3. THE POLACHIRA MILK PRODUCERS CO-OP. SOCIETY LIMITED,NO.Q 273(D)(APCOS), POLACHIRA PO, KOLLAM 691 334,REP.BY ITS SECRETARY. 4. THE BOARD OF DIRECTORS OF POLACHIRA MILK PRODUCERS CO-OP.SOCIETY ,REP.BY ITS PRESIDENT SRI.P.VISWARAJAN,POLACHIRA PO,PIN 691 334. 5. SRI.A.K.MANOJH,ADVOCATE,ENQUIRY OFFICER, SREEKOVIL,POOTHAKULAM, PARAVUR PO, KOLLAM,PIN 691 301. BY ADV. SRI.V.VENUGOPALAN NAIR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO. 12444 OF 2011 EXT.P1 TRUE COPY OF THE DECISION NO.31 DATED 30.12.1995 ISSUED BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE MEMO OF CHARGES DATED 1.12.2009 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY THE FIFTH RESPONDENT TO THE PETITIONER. EXT.P5 TRUE COPY OF THE PROCEEDINGS OF THE FIFTH RESPONDENT IN THE DOMESTIC ENQUIRY. EXT.P6 TRUE COPY OF ORDER NO.A5-468/09 DATED 20.12.2010 ISSUED BY THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER NO.A5-68/09 DATED 29.1.2011 ISSUED BY THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.12444 OF 2011 ------------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner who was the Secretary of the third respondent co-operative society was placed under suspension by Ext.P2 order dated 1.7.2009. Shortly thereafter, Ext.P3 memo of charges was served. Later, the fifth respondent was appointed as the Enquiry Officer. The enquiry was held and arguments on both sides were heard on 16.11.2010 and thereafter on the request made by the management, the enquiry was re-opened. In the meanwhile, aggrieved by the non-payment of subsistence allowance from January, 2010, the petitioner moved the Deputy Director of Dairy Development, Kollam by filing a representation dated 29.11.2010. Acting on that representation, the Deputy Director of Diary Development sent Ext.P6 letter dated 20.12.2010 to the President and the Secretary of Polachira Milk Producers Co-operative Society Limited, directing them to pay subsistence allowance to the petitioner from January, 2010. It appears, even thereafter the third respondent society did not pay subsistence allowance to the petitioner. Thereupon, the Deputy Director of Dairy Development sent Ext.P7 letter dated 29.1.2011 to the third respondent once again directing payment of subsistence allowance to the petitioner. This writ petition W.P.(C) No.12444 of 2011 2 was thereafter filed on 11.4.2011 contending that notwithstanding the directions issued in Exts.P6 and P7 letters, till date the subsistence allowance has not been paid. In this writ petition, besides seeking a direction to the third respondent to implement Exts.P6 and P7 directions issued by the Deputy Director of Dairy Development, the petitioner also challenges the disciplinary action initiated against her. 2. When the writ petition came up for hearing today, Smt.P.S.Preetha, learned counsel appearing for the petitioner submitted that after the writ petition was filed, the enquiry was completed and the punishment of dismissal from service was imposed on the petitioner, and therefore, the writ petition may be disposed of with a direction to the third respondent bank to disburse the arrears of subsistence allowance to the petitioner from January, 2010 till the date of dismissal from service. The learned counsel appearing for the third respondent submitted that if as claimed by the petitioner, subsistence allowance has not so far been disbursed to the petitioner, the same will be disbursed expeditiously. In the light of the said submission and having regard to the fact that Exts.P6 and P7 letters have not been challenged by the third respondent society so far, I dispose of the writ petition with a direction to the third respondent society to disburse to the petitioner W.P.(C) No.12444 of 2011 3 subsisting allowance for the period commencing from January, 2010 and ending with the date of dismissal of the petitioner from service, if the said amount has not so far been paid, expeditiously and in any event within one month from the date on which the petitioner produces a copy of this judgment before the Secretary of the third respondent society. If the petitioner is aggrieved by the order dismissing her from service, it will be open to her to challenge the same in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.