IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 715 of 2009(I) ------------------------ PETITIONER: --------------- C.M.ASHABAI, AGED 55 YEARS, W/O.P.K.PAPPUKUTTY, THUNDATHIL VEEDU, HOSPITAL ROAD, NETTOOR, MARADU. BY ADV. SRI.T.K.RADHAKRISHNAN SRI.L.P.ARAVINDAKSHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE, OFFICE OF CRIME INVESTIGATION CENTRAL RANGE CBCID, LINK ROAD, ERNAKULAM, KOCHI - 682 020. *3. THE , MANAGER, KSFE LTD., ERNAKULAM MAIN, ERNAKULAM\ (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 6.3.2009 ON I.A.3125/09) BY SMT. ANU SIVARAMAN, GOVT. PLEADER FOR R1 & R2 SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 715 of 2009 -------------------------- Dated this the 31th March,2009 J U D G M E N T This writ petition is filed by the widow of late P.K. Pappukutty, EX A.S.I, who retired from service on 31.5.2007. The husband of the petitioner died on 8.7.2007 and before his death the pensionary benefits including gratuity and pension were not granted. 2. The husband of the petitioner was a surety to a chitty transaction availed by one Nazeera Hameed from the KSFE Ltd. Presumably in the light of the agreement executed by the deceased, the amounts sanctioned are not being released to the petitioner which is the complaint raised by the petitioner in this writ petition. Thereafter by Exhibit-P2 Lawyer Notice, the petitioner demanded payment of all the amounts. Exhibit-P3 is the reply from the office of the Accountant General stating that all the family pension benefits due to the family of the deceased has been sanctioned. W.P ( C) No. 715 of 2009 2 3. As directed by this Court, the 2nd respondent has filed a statement The statement reveals that all the pensionary benefits including DCRG was sanctioned to the petitioner as per proceedings dated 20.8.2008 by the Accountant General (A&E), Kerala, Thiruvananthapuram. Thereafter, a letter has been sent to the petitioner on 16.9.2008 to settle the liabilities including the liability towards KSFE, Ernakulam. The statement also reveals that the NLC has not been issued since the clearance certificate has not been produced showing the clearance of the amount due to the KSFE. The said stand is taken in the light of the letter dated 29.12.2006 issued by the Special Deputy Tahasildar (RR) KSFE which was received in the office of the Inspector General on 17.3.2007. 4. In the light of the above, the KSFE was impleaded as additional 3rd respondent and today when the matter came up for further hearing, learned standing counsel for the KSFE submitted that the agreement with the KSFE executed by the deceased provided for recovery of any defaulted amount from the salary only W.P ( C) No. 715 of 2009 3 and there is no provision therein allowing the KSFE to recover any amount from the DCRG payable. 5. In the light of the above, the requisition of the KSFE cannot survive and the letter dated 29.12.2006 from the Special Deputy Tahsadildar (RR) KSFE, Ernakulam cannot have the effect of withholding the DCRG. 6. In that view of the matter, the 2nd respondent will have to issue the NLC to the petitioner without insisting for payment of any amount to the KSFE from the terminal benefits sanctioned to the deceased husband of the petitioner. 7. Therefore, the writ petition is allowed directing the respondents 1 and 2 to take appropriate action to see that the NLC is issued within a period of one month from the date of receipt of a copy of this judgment. Accordingly she will be allowed to draw the amount also. 8. Learned standing counsel for the KSFE prayed that they may be given liberty to proceed for recovery for the amount due to them by resort to other remedies. This W.P ( C) No. 715 of 2009 4 judgment will not stand in the way of initiating appropriate proceedings against the defaulters and their legal heirs in the matter. The writ petition is allowed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 715 of 2009 5 W.P ( C) No. 715 of 2009 6