IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 3091 of 2009(R) ------------------------- PETITIONER: --------------- B. MENGHANI, S/O. MURIJMAL, AGED 56 YEARS, E-191, KALKAJI, NEW DELHI - 110 019. BY ADV. SRI.SHAJI P.CHALY SRI.R.SANJITH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. INLAND WATERWAYS AUTHORITY OF INDIA, A-13, SECTOR - 1, NOIDA (UP), 201301, REPRESENTED BY ITS CHAIRMAN. 3. THE DIRECTOR, INLAND WATERWAYS AUTHORITY OF INDIA, KOCHI. BY GOVT. PLEADER SMT. ANU SIVARAMAN -R1 ADV. SRI.V.SANTHARAM, SC, IWAI FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 3091 of 2009 -------------------------- Dated this the 2nd March,2009 J U D G M E N T Petitioner is a Senior Accounts Officer with 2nd respondent and is in employment since 30.10.1987. While he was working in the Head Office at Noida, he was transferred to Kochi to the field office during December 2005. He joined in the Kochi Office on 16.012006. Petitioner was provided with official lease accommodation at Kochi with effect from 01.03.2006 which was surrendered by him on 8.5.2006 and the 2nd respondent has paid lease rent up to 31.5.2006. He was placed under suspension w.e.f. 24.3.2006 for involvement in a criminal case. Thereafter he vacated the leased premises. The main relief sought for in the writ petition is to quash Exhibits P7 and P9 and to direct the 2nd respondent to pay the arrears of Subsistence allowance and HRA to the petitioner, as per the statement appended to Exhibit-P9 and to release other benefits. There is a W.P ( C) No. 3091 of 2009 2 further direction sought against the the 2nd respondent to take a decision on Exhibit-P10. He had been receiving HRA during the period up to 1.6.2006. He was not paid transportation allowance during the suspension period also. 2. Petitioner is relying upon Fundamental Rules 53 (1) (ii) (b) in support of his various claims. 3. Heard learned standing counsel for the respondents 2 and 3. In the light of the fact that he has raised all his claims in Exhibit-P10, there will be a direction to the Chairman of the 2nd respondent to take a decision on Exhibit-P10, in accordance with the relevant rules, within a period of three months from the date of receipt of a copy of this judgment,after hearing the petitioner. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 3091 of 2009 3 W.P ( C) No. 3091 of 2009 4