IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 15715 of 2009(H) -------------------------- PETITIONER(S): ------------------ SMT.P.L.SARADHAMMA,W/O.RAJA,AGED 47 YEARS,NOW UNDER SUSPENSION, SECRETARY, KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LTD.,NO.K-662,MADUKKA P.O.MUNDAKAYAM, KOTTAYAM DIST. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): ------------------- 1. THE JOINT REGISTRAR (GENERAL) * CO-OPERATIVE SOCIETY DEPARTMENT MUNDAKAYAM, KANJIRAPPILLY, KOTTAYAM. (* THE ADDRESS OF THE OFFICE OF THE 1ST RESPONDENT IS CORRECTED AS THE JOINT REGISTRAR (GENERAL),CO-OPERATIVE SOCIETY DEPARTMENT, CIVIL LINES, KOTTAYAM AS PER ORDER IN IA NO.7795/09 DATED 9/7/09) 2. KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LTD.REPRESENTED BY ITS SECRETARY, MADUKKA, MUNDAKKYAM, KOTTAYAM. 3. THE PRESIDENT, KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LTD., MADUKKA P.O. MUNDAKAYAM, KOTTAYAM. ADV. SRI.LIJI.J.VADAKEDOM FOR R2,3 GOVT.PLEADER SRI.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15715/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF ORDER DATED 3/7/08 ISSUED BY THE PRESIDENT OF THE KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY, KOTTAYAM TO THE PETITIONER. EXT.P2: TRUE COPY OF JUDGMENT DTD.19/2/09 IN W.P.NO.5582/09 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF ORDER DTD.22/4/09 PASSED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF REQUEST DTD 3/6/09 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 15715 OF 2009 (H) ===================== Dated this the 9th day of July, 2009 J U D G M E N T Petitioner was the Secretary of the 2nd respondent, a Co- operative Society. By Ext.P1 order dated 3/7/08, she was placed under suspension pending disciplinary action. Although by Ext.P3, subsistence allowance was ordered to be paid by the 1st respondent, payment was not made. According to the petitioner, without paying subsistence allowance, she is being kept under suspension without any progress in regard to the disciplinary action also. It is in these circumstances the writ petition has been filed praying for subsistence allowance due to her and for ordering her reinstatement in service. 2. Counsel appearing for the 2nd and 3rd respondents, referring to order dated 20/10/2008 issued by the 2nd respondent informs that the Committee of the Society had resolved to impose a punishment of compulsory leave from the expiry of the initial six months period of suspension. It is stated that this punishment having been imposed, the petitioner cannot claim subsistence allowance. WPC 15715/09 :2 : 3. Although it may be a fact that the punishment has been imposed on the petitioner, she has been under suspension for the initial period of six months. Admittedly, subsistence allowance which she is entitled for the said period has not been paid. If that be so, same should be paid by the Society. 4. In so far as the second prayer for reinstatement in service is concerned, now that a punishment has been imposed on the petitioner, it is for the petitioner to work out her remedies against the punishment so imposed. 5. Therefore, the writ petition is disposed of with the following directions. (1) That within one month of production of a copy of this judgment, the subsistence allowance due to the petitioner for the period of six months from Ext.P1 shall be paid in settlement of her claims in that behalf. (2) It will be open to the petitioner to work out her remedies against the punishment imposed and taking recourse to the statutory remedies that are available. ANTONY DOMINIC, JUDGE Rp