V.R.Radhadevi vs The District Collector on 8 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34154 of 2010(T)


1. V.R.RADHADEVI, W/O. SIVAKUMAR,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER &

3. THE PROJECT MANAGER,

                For Petitioner  :SRI.R.SREERAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/12/2010

 O R D E R
                            S.SIRI JAGAN, J.

                      ==================

                       W.P.(C).No.34154 of 2010

                      ==================

               Dated this the 8th day of December, 2010

                            J U D G M E N T

The petitioner is an employee of the Nirmitha Kendra. The

petitioner has been suspended from service pending disciplinary

proceedings. Suspension was on 1.3.2008. Petitioner’s grievance in

this writ petition is that the petitioner is not being paid subsistence

allowance and the disciplinary proceedings have not yet commenced.

2. On 12.11.2010 I directed the learned Government Pleader

to get instructions as to why subsistence allowance has not been paid

to the petitioner and within what time, the disciplinary proceedings can

be completed.

3. Today, the learned Government Pleader submits that

insofar as the Kerala Service Rules are not applicable to the petitioner,

there is no rule for paying subsistence allowance. He further submits

that the disciplinary proceedings can be completed within two months.

4. If the Kerala Service Rules are not applicable, then

necessarily the Kerala Payment of Subsistence Allowance Act would be

applicable to the petitioner. Suspension is not disputed. If that be so,

the petitioner is entitled to subsistence allowance as per the Kerala

Payment of Subsistence Allowance Act. Accordingly, this writ petition is

disposed of with the following directions:

w.p.c.34154/10 2

The petitioner shall be paid subsistence allowance under the

Kerala Payment of Subsistence Allowance Act. Arrears shall be paid

within one month from the date of receipt of a certified copy of this

judgment. The disciplinary proceedings shall be completed, as

expeditiously as possible, at any rate, within two months from the date

of receipt of a certified copy of this judgment.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE

          ///True copy///




                               P.A. to Judge