IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 26326 of 2009(I) -------------------------- PETITIONER(S): --------------- C.UNNIYARCHA, NURSING ASSISTANT(RETD.) PRIMARY HELATH CENTRE, VAMANAPURAM, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENTS: --------------- 1. THE SECRETARY, NEDUMANGADU TALUK, GOVT. SERVANT'S CO-OPERATIVE SOCIETY LTD., PACHA P.O., PALODE. 2. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, VAMANAPURAM, VENJARAMOODU, THIRUVANANTHPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. 4. SACHINDRAN, CLERK, KARAVARAM PRIMARY HEALTH CENTRE, KARAVARM. 5. SERAFIN CLERK, PRIMARY HEALTH CENTRE, PULLAMPARA.P.O., THIRUVANANTHAPURAM. DIST. R3 BY GOVERNMENT PLEADER SRI.L.G.SURESHBABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26326 of 2009(I) APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ P1: TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 26.3.09 P2: TRUE COPIES OF THE LETTER SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT P3: TRUE COPY OF THE LETTER DATED 19.1.09 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL RKC //True Copy// PA to Judge. C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.26326 of 2009-I. = = = = = = = = = = = = = Dated this the 1st September, 2011. J U D G M E N T This writ petition has been filed on being aggrieved by the non-disbursement of Death Cum Retirement Gratuity and such other retiral benefits. The petitioner had retired from service on 31.1.2009 while working as Nursing Assistant. Evidently, the respondents are not disbursing the retiral amounts for the reason that respondents 4 and 5 had committed default in payment of a loan transaction in which the petitioner stood as their surety. IA.No.14193/2011 has been filed in this writ petition. It is stated therein that the 4th and 5th respondents have now, cleared the loan transaction for which the petitioner stood as their surety to enable the 4th respondent to avail a loan. This is recorded. The respondents 2 and 3 shall verify whether the 4th and 5th respondents have already discharged the liability and if it is discharged respondents 2 and 3 shall take appropriate WP(C).No.26326/2009-I. 2 steps for issuing non-liability certificate forthwith, to the petitioner so as to enable the petitioner to draw the retiral benefits. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. C.T. RAVIKUMAR, (Judge) Kvs/-