IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 10416 of 2010(B) -------------------------- PETITIONER(S): --------------- M.SASIDHARAN NADAR, S/O.(LATE) MADHAVAN NADAR, LIBRARY ASSISTANT, MAR IVANIOUS COLLEGE, THIRUVANANTHAPURAM-15. BY ADV. SRI.K.T.SHYAMKUMAR SMT.M.S.KIRAN RESPONDENT(S): --------------- 1. THE MAR IVANIOUS COLLEGE CO-OPERAIVE SOCIETY LTD.NO.T.62, NALAMCHIRA, THIRUVANANTHAPURAM- 695 015, REPRESENTED BY ITS SECRETARY. 2. THE PRINCIPAL, MAR IVANIOUS COLLEGE, NALAMCHIRA, THIRUVANANTHAPURAM. 3. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. ADV. SRI.R.V.SREEJITH FOR R1 SMT. M.R. SREELATHA, GOVERNMENT PLEADER FOR R3 SRI.S.BIJU (KIZHAKKANELA) FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF SALE DEED DT.5.2.2008 EXT.P2-TRUE COPY OF RECEIPT ISSUED BY R1 EXR.P3-TRUE COPY OF PASSBOOK EXT.P4-TRUE COPY OF AGREEMENT DT.22.8.1990 EXT.P5-TRUE COPY OF JUDGMENT DT.19.6.2009 EXT.P6-TRUE COPY OF RECEIPT ISSUED BY R1 EXT.P7-TRUE COPY OF PETITION FILED BY R1 EXT.P8-TRUE COPY OF LETTER DATED 10.6.2010 EXT.P9-TRUE COPY OF LETTER DT.11.10.2010 EXT.P10-TRUE COPY OF LETTER DT.1.12.2010 EXT.P11-TRUE COPY OF VERIFICATION REPORT DT.2.12.2010 EXT.P12-TRUE COPY OF RELEVANT PAES OF PENSION BOOK EXT.P13-TRUE COPY OF LETTER DT.14.2.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10416 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011. JUDGMENT The petitioner who was working as Library Assistant in Mar Ivanios College, Thiruvananthapuram, approached this Court prior to his retirement, seeking for various directions. Mainly it is prayed that a declaration may be granted that the second respondent is not entitled to retain the pensionary benefits of the petitioner nor recover any amount from his pension or DCRG towards the alleged dues to the first respondent. 2. It is pointed out that Ext.P4 is the agreement executed by the petitioner wherein there is no clause enabling recovery from DCRG and what was agreed to is only recovery from salary. 3. Learned counsel appearing for the first respondent Society also submitted that the agreement only enables the recovery from salary. Learned counsel for the second respondent submitted that there are no other liabilities, going by the records, as of now. 4. Pending the writ petition, the petitioner retired from service on 31.3.2010. Therefore, there will be a direction to the second respondent to forward the details for countersignature of non liability certificate by the wpc 10416/2010 2 Director of Collegiate Education and the same will be done within a period of one month from today. Appropriate action will be taken thereon expeditiously, at any rate, within six weeks of the receipt of the details from the second respondent. Once the non liability certificate is issued, the second respondent will take all steps to disburse the pensionary benefits of the petitioner including DCRG, expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/