IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 20475 of 2008(K) -------------------------- PETITIONER: ------------ D. JAYAKUMAR, S/O.K.P. DAMODARAN, AGED 44, TECHNICAL ASSISTANT, FISHERIES STATION, VYPEEN, ERNAKULAM, RESIDING AT ASWATHI BHAVAN, VENGINISSERI, PARALAM.P.O, THRISSUR-680 575. BY ADV. SRI.K.PRAVEEN KUMAR SRI.ARUN VALENCHERY SRI.SAJIKUMAR.K.K. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO FISHERIES AND PORTS DEPARTMENTS, GOVERNMENT SECFETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, TRIVANDRUM. 3. THE ADMINISTRATIVE OFFICER, OFFICE OF THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, TRIVANDRUM. 4. THE JOINT DIRECTOR OF FISHERIES (ZONAL), NEAR HIGH COURT, ERNAKULAM. 5. THE DEPUTY DIRECTOR OF FISHERIES (ZONAL), NEAR HIGH COURT, ERNAKULAM. 6. ASSISTANT DIRECTOR OF FISHERIES, VYPIN. 7. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE, S.R.M ROAD, KOCHI. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No. 20475 of 2008 -------------------------- Dated this the 7th August, 2008 J U D G M E N T The petitioner, a Technical Assistant in the Fisheries Station at Vypeen, was placed under suspension pending disciplinary enquiry by Exhibit-P13 order passed by the 2nd respondent on 7.7.2007. Aggrieved by the non- payment of the subsistence allowance and seeking a review of the order of suspension, the petitioner submitted Exhibit-P16 representation dated 26.3.2008 to the 2nd respondent. This writ petition was thereafter filed challenging Exhibit-P13 and seeking a direction to the respondents to pay subsistence allowance during the period of suspension and also salary for the month of June 2007. By an interim order passed 14.7.2008, this Court directed the 5th respondent to disburse the subsistence allowance in the event of the petitioner producing a non-employment certificate. Today when the writ petition came up for admission, the learned counsel appearing for the petitioner submitted that as directed by W.P ( C) No. 20475 of 2008 2 this Court substance allowance was disbursed to the petitioner on 24.7.2008. The learned Government Pleader also submitted that the substance allowance for the succeeding months would be paid in time. Having regard to the fact that petitioner is under suspension since 7.7.2007 and also taking note of the fact that no further proceedings have been initiated thereafter, the petitioner may move the 2nd respondent within two weeks from today seeking review of the order of suspension. If such a representation is filed, the 2nd respondent shall consider the same and pass appropriate orders thereon within one month thereafter. The second respondent shall also consider whether any progress has been made in the disciplinary proceedings contemplated against the petitioner and whether any reasons exist to continue the petitioner under suspension pending such disciplinary action. The Writ Petition is disposed of as above. No costs. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No. 20475 of 2008 3 W.P ( C) No. 20475 of 2008 4