IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 10467 of 2011(G) -------------------------- PETITIONER: --------------- V.K.SAJINI, AGED 38 YEARS, VATTAKANDY HOUSE, PANANGAD P.O., KOZHIKODE-12. BY ADV. SRI.SHYAM PADMAN RESPONDENTS: --------------- 1. PANANGAD KSHEEROLPADAKA SAHAKARANA SANGAM, D 135(D), PANANGAD P.O., BALUSSERY, CALICUT- 673 612., REP.BY ITS SECRETARY. 2. THE PRESIDENT, PANANGAD KSHEEROLPADAKA SAHAKARANA SANGAM, D 135(D), PANANGAD P.O., BALUSSERY, CALICUT-673 612. 3. DEPUTY DIRECTOR OF DIARY DEVELOPMENT, CIVIL STATION, CALICUT-20. 4. DIRECTOR OF DIARY DEVELOPMENT, DIARY DEVELOPMENT DEPARTMENT, TRIVANDRUM-695001. 5. DEPUTY LABOUR COMMISSIONER, KOZHIKODE-673001. 6. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT, CO-OPERATIVE SOCIETIES DEPARTMENT, THIRUVANANTHAPURAM- 695001. BY GOVT. PLEADER SRI.P.M.MANOJ ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 10467/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SHOW CAUSE NOTICE DATED 16.9.2008 ISSUED BY THE 1ST RESPONDENT EXT.P2 : COPY OF THE ORDER OF SUSPENSION DATED 28.9.2008 ISSUED BY THE 1ST RESPONDENT EXT.P3 : COPY OF THE REPRESENTATION DATED 16.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4 : COPY OF THE REPRESENTATION DATED 16.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE DIARY EXTENSION OFFICER EXT.P5 : COPY OF THE REPRESENTATION DATED 16.2.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P6 : COPY OF THE LETTER DATED 27.3.2009 SENT BY THE 2ND RESPONDENT EXT.P7 : COPY OF THE MEMO OF CHARGES DATED 27.4.2009 EXT.P8 : COPY OF THE COMMUNICATION DATED 8.5.2009 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN, DISCIPLINARY COMMITTEE EXT.P9 : COPY OF THE COMMUNICATION DATED 31.5.2009 ISSUED BY THE CHAIRMAN, DISCIPLINARY COMMITTEE EXT.P10 : COPY OF THE LETTER DATED 27.7.2009 ISSUED BY THE CHAIRMAN, DISCIPLINARY COMMITTEE EXT.P11 : COPY OF THE EXPLANATION DATED 27.9.2009 SUBMITTED BY THE PETITIONER EXT.P12 : COPY OF THE ACKNOWLEDGEMENT DATED 27.9.2009 ISSUED BY THE CHAIRMAN, DISCIPLINARY COMMITTEE EXT.P13 : COPY OF THE LETTER DATED 2.8.2009 SENT BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P14 : COPY OF THE MEMO DATED 24.11.2009 ISSUED BY THE 2ND RESPONDENT EXT.P15 : COPY OF THE REPLY DATED 30.11.2009 SUBMITTED BY THE PETITIONER EXT.P16 : COPY OF THE REPRESENTATION DATED 7.12.2009 SENT BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P17 : COPY OF THE APPLICATION ALONG WITH A COVERING LETTER DATED 28.4.2010 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY TO GOVT., LABOUR DEPARTMENT EXT.P18 : COPY OF THE REMINDER DATED 30.6.2010 SENT BY THE PETITIONER TO THE SECRETARY TO GOVT., LABOUR DEPARTMENT EXT.P19 : COPY OF THE REPLY DATED 7.7.2010 ISSUED BY THE SECRETARY TO GOVT., LABOUR DEPARTMENT PETITIONER'S EXHIBITS: EXT.P20 : COPY OF THE COMMUNICATION DATED 26.8.2010 SENT BY THE LABOUR DEPARTMENT EXT.P21 : COPY OF THE COMMUNICATION DATED 19.10.2010 SENT TO THE 5TH RESPONDENT EXT.P22 : COPY OF THE REPRESENTATION DATED 2.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 10467 OF 2011 -------------------------- Dated this the 11th day of July, 2011 J U D G M E N T The petitioner, who was the Secretary of the first respondent society was placed under suspension on 28.9.2008 by Ext.P2 memo issued by the President of the society. This writ petition was filed aggrieved by the non payment of subsistence allowance and the failure of the first respondent society to reinstate the petitioner in service even after the expiry of one year from the date of the order of suspension. It was contended that without the permission of the Joint Registrar of Co-operative Societies, the petitioner could not have been kept under suspension for more than one year and that such permission had not been obtained. It was also contended that the subsistence allowance payable to the petitioner has not so far been paid. Yet another grievance projected was that though more than two years have passed after the petitioner was placed under suspension, the enquiry has not been held and completed. 2. When the writ petition came up for hearing before me on 12.4.2011, after hearing both sides, I passed the following interim order WPC No.10467/2011 2 “Heard the learned counsel on both sides. 2. The petitioner has positively averred in the writ petition that though she was placed under suspension way back on 28.9.2008, till date, the enquiry has not been conducted. The petitioner has also positively averred that the competent authority exercising the powers of the Joint Registrar of Cooperative Societies, has also not permitted continuance of the suspension for more than one year and that she has not so far been paid any amount by way of subsistence allowance. Though the respondents have been served, they have not so far denied the aforesaid statements made by the petitioner. 3. Under rule 198(6) of the Kerala Co-operative Service Rules, 1969, the petitioner and other employees of co-operative societies are entitled to payment of subsistence allowance either under the Kerala Payment of Subsistence Allowance Act, 1972 or in case the said enactment does not apply, under the Kerala Service Rules. The first respondent society cannot, therefore withhold payment of subsistence allowance to the petitioner. I accordingly direct respondents 1 and 2 to pay to the petitioner, within two weeks from today, arrears of subsistence allowance with effect from 28.9.2008, calculated in accordance with the Kerala Payment of Subsistence Allowance Act, 1972 or in case, the said enactment does not apply to the petitioner, in accordance with the provisions of the Kerala Service Rules. The 1st respondent shall also continue to pay subsistence allowance at the said rate until further orders. The entitlement of the petitioner to claim the interest on the amount due by way of subsistence allowances, is left open to be decided at a later stage.” 3. When the writ petition came up for further hearing today, Sri.P.V.Kunhikrishnan, learned counsel appearing for the first respondent submitted that the petitioner has been reinstated in service on 5.7.2011 and that subsistence allowance up to and inclusive of March, 2011 was disbursed to the petitioner. Sri.Shyam Padman, learned counsel for the petitioner did not dispute the said submission. The learned counsel appearing for the petitioner WPC No.10467/2011 3 however submitted that arrears of subsistence allowance was paid only up to 28.3.2011 and that for the period from 28.3.2011 to 5.7.2011 the petitioner is entitled to receive arrears of subsistence allowance. The learned counsel for the first respondent submitted that the society will, within a month's time, pay the arrears of subsistence allowance for the said period also. In view of the fact that the petitioner has been reinstated in service and has also been paid subsistence allowance up to 28.3.2011 and the society has also undertaken to pay the subsistence allowance up to 5.7.2011 within one month, nothing further remains to be done in this writ petition except to direct that the enquiry initiated against the petitioner shall be finalised expeditiously. The contentions of both sides on the merits of the dispute are kept open. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, (JUDGE) vps