IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 5679 of 2006(A) --------------------------------- PETITIONER: --------------- KERALA STATE WOMEN'S DEVELOPMENT CORPORATION, H.O. THAZHAVILA BUILDING, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENTS: ----------------- 1. S. JAYAN, SECRETARY (SPECIAL GRADE), VANDANMEDU GRAMA PANCHAYATH, KATTAPPANA, IDUKKI DISTRICT. 2. THE DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATHS, THODUPUZHA, IDUKKI. 3. IYSHA YOUSUF, KANICHATTU HOUSE, VANNAPPURAM P.O., IDUKKI DIST. BY ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.BINU PAUL FOR R1 GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5679 of 2006 PETITIONER'S EXHIBITS EXT.P1: COPY OF EMPLOYMENT CERTIFICATE AND AGREEMENT EXECUTED BY THE RESPONDENTS DATED 6.10.1998. EXT.P2: COPY OF NOTICE DTD 4.11.2000 ISSUED TO THE SECRETARY, BLOCK PANCHAYATH, ELAMDESOM. EXT.P3: COPY OF NOTICE DATED 12.12.2001 REQUESTING TO EFFECT RECOVERY FROM R1'S SALARY, BY THE PETITIONER. EXT.P4: COPY OF NOTICE REMINDING THE RESPONDENTS TO EFFECT RECOVERY FROM THE SALARY OF R1 DATED 12.8.2002, BY THE PETITIONER. EXT.P4(a): COPY OF REMINDER DTD 26.11.2003 ISSUED TO R2 BY THE PETITIONER. EXT.P4(b): COPY OF REMINDER DTD 18.8.2004 ISSUED TO R2 BY THE PETITIONER. EXT.P4(c): COPY OF REMINDER DTD 24.5.2005 ISSUED TO R2 BY THE PETITIONER. EXT.P5: COPY OF NOTICE DTD 12TH JANUARY, 2006 ISSUED TO R1 AND R2 BY THE PETITIONER, THROUGH COUNSEL. TRUE COPY PA TO JUDGE. C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 5679 of 2006 --------------------------------- Dated, this the 26th day of June, 2008 J U D G M E N T Prayer in the writ petition is for direction to 2nd respondent to recover from pension / retirement benefits of 1st respondent, the arrears due from 3rd respondent, for whom 1st respondent stood as surety. If 1st respondent was a surety, then of course, recovery should be made against him for the arrears of loan taken by 3rd respondent for whom 1st respondent stood as surety. Even though, 1st respondent is retired, attachment should be made from the retirement benefits including DCRG and pension. The writ petition is allowed, directing 2nd respondent to arrange for recovery from the retirement benefits payable to 1st respondent to the extent permissible. It will also be open to petitioner to initiate recovery against respondents 1 & 3 also for recovery of arrears. (C.N.RAMACHANDRAN NAIR, JUDGE) jg