IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19798 of 2010(Y) -------------------------------- PETITIONER: -------------- G.PRASANNAKUMARI, W/O.K.SREENIVASAN NAIR, SREENIVAS, ALENCHERRY, ANCHAL, KOLLAM DISTRICT. BY MR.N.SASIDHARAN UNNITHAN, ADVOCATE. RESPONDENT: ---------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. BY MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19798 OF 2010 --------------------------------------- Dated this the 25th day of June, 2010. J U D G M E N T The petitioner herein is the widow of late Sri.Sreenivasan Nair who was an Inspector of KSRTC at Punaloor unit. He died while in service on 10.10.1999. There were some departmental proceedings against the deceased while he was in service. Initially he was suspended but later he was reinstated in service pending the disciplinary proceedings. It is pointed out that the disciplinary proceedings were closed and in the meantime he died on 10.10.1999. 2. The deceased was sanctioned subsistence allowance. After his death, an amount of Rs.45,525/- was sanctioned towards DCRG and the petitioner is also getting family pension. It is pointed out that the entire DCRG has been adjusted towards various items including subsistence allowance to the tune of Rs.45,525/-. 3. It is pointed out by the learned counsel for the petitioner W.P.(C) No.19798/2010 2 that the deceased was paid subsistence allowance under the Kerala Payment of Subsistence Allowance Act, 1972 which is applicable to the employees of the KSRTC. It is therefore submitted that, going by Section 3(2) of the Act, the amount paid towards subsistence allowance cannot be recovered also. 4. The petitioner has thereafter filed a representation as per Exhibit P3 seeking to refund the subsistence allowance of Rs.41,657/- which was adjusted from the DCRG amount. It is prayed that the said representation may be directed to be considered and appropriate orders may be passed within a time frame. There will be a direction to the respondent to take a decision on Exhibit P3 on its merits and communicate the same to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp