IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WA.No. 78 of 2010() ------------------- AGAINST THE ORDER IN WPC.26173/2009 Dated 17/12/2009 .................... APPELLANT(S): RESPONDENTS 1 AND 2 --------------------------------- 1. PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL SOCIETY LTD. M.358, PERINTHALMANNA, REP. BY ITS SECRETARY. 2. THE BOARD OF DIRECTORS, PERINTHALAMANNA TALUK CO-OPERATIVE EDUCATIONAL SEOCEITY LTD.NO.M.358, PERINTHALMANNA, REP. BY ITS PRESIDENT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): PETITIONERS -------------------------- 1. M.SATHEERATHNAM, MUTHUVARA HOUSE, P.O.PERINTHALMANNA. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM. 3. THE DOMESTIC ENQUIRY OFFICER, PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL SOCIETY LTD. NO.M.358, PERINTHALMANNA. ADV. SRI.P.P.JACOB FOR R1 , THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.78 of 2010 ---------------------------------------------- Dated 8th February, 2010. J U D G M E N T Balakrishnan Nair, J. The respondents 1 and 2 in the writ petition are the appellants. They are respectively a Cooperative Society and its Board of Directors. The first respondent was the writ petitioner. She is a teacher working in a parallel college run by the appellants. Pending disciplinary proceedings, she was kept under suspension. She approached this Court, seeking various reliefs, including a direction to pay the subsistence allowance. The learned Single Judge, after hearing the appellants, passed an order on 17.12.2009, ordering to pay subsistence allowance to her. Challenging that order, this Writ Appeal is preferred. 2. The appellants raised various contentions, including the maintainability of the very writ petition, in view of the alternative remedies available to the first respondent/writ petitioner. 3. We notice that the first respondent is working in a parallel college run by the appellants. Now, she is placed under suspension. Whatever be the law applicable to her, she is entitled WA NO.78/2010 2 to get subsistence allowance, during the pendency of the disciplinary proceedings. Therefore, we are not inclined to go into the various contentions raised by the appellants. The interim order being one passed in the discretion of the learned Single Judge, we decline to interfere with the same in this Writ Appeal. Accordingly, the Writ Appeal is dismissed. But, it is clarified that all the contentions of the appellants are kept open, which they may urge before the learned Single Judge. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.78 of 2010 ---------------------------------------------- J U D G M E N T Dated 8th February, 2010.