F.M. Ibrahim Kalifulla, J.

The appellant is aggrieved against the order of the learned single Judge, dated 18. 2003 passed in W.P.No.10291 of 2003.

2. The issue relates to payment of subsistence allowance payable to the appellant for the period of suspension pending disciplinary action.

3. The appellant was placed under suspension by the first respondent on 21. 1999 pending disciplinary action against him. Alleging non payment of subsistence allowance, the appellant preferred PSA No.2/02 and 3/02 claiming subsistence allowance for two different periods. By order, dated 17. 2002, the third respondent ordered a sum of Rs.12122/- in PSA.No.2/02 and Rs.53276/-in PSA No.3/02 to be payable by the first respondent to the appellant. Both the appellant and the first respondent preferred PAA Case No.5/02-1 and 5/02 before the second respondent. The second respondent also confirmed the order of the third respondent by his order, dated 22. 2003.

4. Aggrieved against the same, the first respondent preferred W.P.No.10291 of 2003. The said writ petition was allowed by the learned Single Judge by applying the decision of another learned Single Judge reported in 2002 4 CTC 339. In