IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 15674 of 2009(D) -------------------------------------- PETITIONER: ------------------- INDIRA THANKACHI, JUNIOR PUBLIC HEALTH NURSE GRADE I (RETIRED), RESIDING AT RETNA MANDIRAM, S.K.NAGAR 141, ASHRAMAM, KOLLAM- 691 002. BY ADVS. MR.B.SURESH KUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, KOLLAM. 4. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, CHAVARA, KOLLAM. 5. THE ACCOUNTANT GENERAL (A&E) KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 6. THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOLLAM MAIN BRANCH, CHINNAKKADA, KOLLAM -691 001 REPRESENTED BY ITS MANAGER. 7. R.SIVANKUTTY, KOZHINJAVILA VEEDU, CHERUMOODU, VELLIMON P.O., KOLLAM. W.P.(C). NO.15674/2009-D: 8. SASIKALA, UPPER DIVISION TYPIST, KERALA ARTISANS DEVELOPMENT CORPORATION LTD., NORTHERN REGIONAL OFFICE, CHEROOTTY ROAD, KOZHIKODE- 673 001. 9. SHELLI BABU, (RETIRED FROM KOZHIKODE CORPORATION), THIRUVONAM, PLOT NO.15/B SILK NAGAR, PERINGANNOOR P.O., THRISSUR. 10. V.BABU, (RETIRED FROM STEAL & INDUSTRIAL FORGINGS LTD., ATHANI), THIRUVONAM, PLOT NO.15/B, SILK NAGAR, PERINGANNOOR P.O., THRISSUR. R1 TO R4 BY GOVERNMENT PLEADER MR. DILEEP MOHAN, R6 BY MR.M.SASINDRAN, SC, K.S.F.E., LTD., R7 BY ADV. MR.DILEEP P.PILLAI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, ALONG WITH W.P.(C). NOS. 25905 OF 2007 AND 5687 OF 2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15674/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CHITTY SECURITY BOND DTD. 09/01/2004 EXECUTED BY THE R.7 AND OTHER SURETIES, INCLUDING THE PETITIONER. EXT.P.2: COPY OF THE COMMUNICATION DTD. 02/04/2009 ISSUED TO THE MEDICAL OFFICER, CHAVARA BY THE DISTRICT MEDICAL OFFICER, KOLLAM. RESPONDENTS' EXHIBITS: EXT.R6.A: COPY OF THE CHITTY SECURITY BOND EXECUTED BY THE SURETIES WITH THE K.S.F.E. EXT.R6.B: COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER GIVING CONSENT TO RECOVER THE DEFAULTED DUES FROM HER SALARY AND PENSIONARY BENEFITS. EXT.R6.C: COPY OF THE ORDER DTD. 26/02/2007 IN W.P.(C).NO.5687/2007. //TRUE COPY// P.A. TO JUDGE. Prv. T.R RAMACHANDRAN NAIR,J. ------------------------- W.P (C) Nos. 5687 of 2007, 25905 of 2007 & 15674 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T In W.P(C) No.15674 of 2009, petitioner ,who retired from service as Junior Public Health Nurse Gr.I, is seeking for a direction to the respondents to disburse pension, Commuted Value of Pension and DCRG due to her with interest. In W.P(C) No.25905 of 2007, the main prayer is to quash Ext.P1 recovery order passed by the 1st respondent. 2. It is submitted by the learned counsel appearing for the KSFE that in the light of the subsequent developments, these writ petitions can be disposed of. 3. It is pointed out that the liability towards KSFE has been closed in the name of the principal debtor namely Sri. R.Sivankutty on 18.09.2009 by remitting the entire dues by the petitioner in W.P (C) No.15674 of 2009. 4. Learned counsel for the petitioner in W.P(C) No.15674 of 2009, placed before me for perusal a letter from the Branch Manager, Kollam Main Branch of the W.P (C) Nos. 5687 of 2007, 25905 of 2007 & 15674 of 2009 2 KSFE to the District Medical Officer (Health), Kollam stating that the KSFE has no objection to refund the amount deducted against liability from her DCRG payable. 5. Learned counsel for the petitioner in WPC No.25905 of 2007 also submitted that as the entire liability has been cleared there is no objection in releasing the DCRG to the petitioner in WPC No.15674/09. 6. In the statement filed on behalf of the 3rd respondent in WP(C) No.15674 of 2009, it is pointed out that there is a further liability towards the Government to the tune of Rs.6384/- namely the irregular re-option and wrong fixation of pay. 7. Therefore, there will be a direction to the respondents to release an amount of Rs.60,571/- as DCRG after withholding an amount of Rs.6384/- to the petitioner in W.P(C) No.15674 of 2009, within a period of six weeks from the date of receipt of a copy of this judgment. Writ Petition No.15674 of 2009 and 5687 of 2007 are disposed of as above. Writ Petition No.25905 of 2007 is closed in the light of the direction passed in W.P(C) W.P (C) Nos. 5687 of 2007, 25905 of 2007 & 15674 of 2009 3 No.15674 of 2009. Petitioner is free to agitate any grievances regarding the liability fixed before the competent authority. The contentions raised in the writ petition are left open. No costs. T.R RAMACHANDRAN NAIR, JUDGE ma W.P (C) Nos. 5687 of 2007, 25905 of 2007 & 15674 of 2009 4 W.P (C) Nos. 5687 of 2007, 25905 of 2007 & 15674 of 2009 5