IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28178 of 2010(V) ------------------------------------- PETITIONER(S): ----------------------- SAMJI DAVID, SECRETARY, (NOW UNDER SUSPENSION) ADOOR MUNICIPALITY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, LOCAL SELF-GOVT.DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM R1 & R2 BY GOVT. PLEADER SRI.A.J.JOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.28178/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE E-MAIL DTD. 28.6.2010. P2:- COPY OF THE LEAVE APPLICATION DTD. 29.6.2010. P3:- COPY OF THE POSTAL RECEIPT DTD. 30.6.2010. P4:- COPY OF THE ORDER DTD. 30.6.2010. P5:- COPY OF THE LETTER DTD. 30.6.2010. P6:- COPY OF THE APPLICATION FOR LEAVE DT.D 7.7.2010. P7:- COPY OF THE POSTAL RECEIPT DTD. 9.7.2010. P8:- COPY OF THE FITNESS CERTIFICATE DTD. 5.8.2010. P9:- COPY OF THE SUSPENSION ORDER DTD. 29.7.2010. P10:- COPY OF THE REPRESENTATION DT.D 6.8.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.R.RAMACHANDRA MENON, J. =========================== W.P.(C) No. 28178 of 2010 – V =========================== Dated this the 27th day of October, 2011 J U D G M E N T The petitioner is challenging Ext.P9 order of suspension and seeks for reinstatement in service with all service benefits including continuity in service. 2. When the matter came up for consideration before this Court earlier, the respondents were directed to file a counter affidavit. In spite of the adjournments given, no counter affidavit was filed, based on which, an interim order to have reinstated in service was granted by this Court as per order dated 22.11.2010. The respondents have filed a counter affidavit stating that, pursuant to the said order the concerned respondent has issued G.O.(Rt.) No. 3936/2010/LSGD dated 17.2.2010 and that the petitioner stands reinstated in service. 3. Referring to I.A.No. 16970/2011, the learned counsel for the petitioner submits that the petitioner is entitled to have 'subsistance allowance' for the period of suspension from 29.7.2010 to 21.12.2010. It is not discernible from the counter affidavit filed on the part of the respondents that any further proceedings are pending, particularly regarding the disciplinary action. However, the fact remains that the petitioner was put under suspension as per Ext.P10 and as per the -2- W.P.(C) No.28178/2010 relevant provisions of law, he is entitled to have subsistance allowance, to the extent as he is eligible. 4. In view of the limited nature of the reliefs sought for in the writ petition and the subsequent turn of events leading to the reinstatement of the petitioner, the respondents are directed to pass appropriate orders regarding the 'subsistance allowance' payable to the petitioner in respect of the period of suspension and the amount actually due to the petitioner shall be disbursed in accordance with law, as expeditiously as possible, at any rate, within three months from the date of production of a copy of this judgment. This will not bar the way of the respondents in finalising the disciplinary proceedings, if any and pass appropriate orders within a reasonable time. The writ petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE. rka