IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH DECEMBER, 2010 / 29TH AGRAHAYANA 1930 WP(C).No. 24666 of 2008(J) -------------------------- PETITIONER: ------------- V. KRISHNANKUTTY, AGED 58, S/O. VELAYUDHAN, 48/580, KOZHIPARAMBU HOUSE, VADAKKANTHARA.P.O, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. KOORKENCHERRY SERVICE CO-OPERATIVE BANK LIMITED, KOORKENCHERRY, THRISSUR - 680 007. 3. M.M. SADANANDAN, (RETIRED KSRTC MECHANIC), MUNDAPAT, KANIYAMANGALAM.P.O, KOORKENCHERRY, THRISSUR. ADV. SHRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.24666/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF MEMO ISSUED BY THE KSRTC DT.29.4.2005 INDICATING THE DETAILS OF THE EMPLOYEES WHO ARE DUE TO RETIRE. EXT.P2: TRUE COPY OF THE COMMUNICATION DATED 30.12.1996 FROM THE SECOND RESPONDENT BANK TO THE FIRST RESPONDENT. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24666 Of 2008 ----------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner retired from the service of the KSRTC as an Electrician on 29.4.2005. While in service, he stood as surety for a loan availed by the 3rd respondent from the 2nd respondent- Bank. The 3rd respondent also retired from the service of the Corporation. He had availed a loan of Rs.25,000/-. Recovery was being effected from the salary of the 3rd respondent . The contention raised by the petitioner is that steps have been taken from the side of the 2nd respondent-Bank at the instance of the 3rd respondent to realise the arrears of the pensionary benefits of the petitioner to the Corporation. It is pointed out that as the petitioner retired from the service, no further recovery can be effected against the petitioner. 2. Heard the learned Standing Counsel for the KSRTC and the learned counsel appearing for the Bank. Any recovery can be effected only if it is permissible under the terms of the agreement executed by the parties with the 2nd respondent-Bank. Apart from that, the Bank can proceed against the principal debtor also. W.P.(C)No.24666/08 -2- It is made clear that only if any recovery is possible from the pensionary benefits, then alone the Bank can seek recovery against the petitioner. The Writ Petition is accordingly disposed of . T.R.RAMACHANDRAN NAIR, JUDGE. 21.12.2010 The matter has been posted today for 'to be spoken to'. Heard. The learned counsel for the petitioner submitted that no further contentions have to be addressed. Therefore, no further modification of the judgment is necessary. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn