IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 2334 of 2003(C) ---------------------- PETITIONER: ------------ N.RAMACHANDRAN, RETIRED TEACHER, V.D.ORIENTAL HIGH SCHOOL, CHOKLI. RESIDING AT ABHAYAM, PULLOOR, CHOKLI - 670 672, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE HEADMASTER, G.P.ORIENTAL HIGH SCHOOL, CHOKLI, KANNUR DISTRICT. 4. THE SPECIAL DEPUTY THASILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LTD., SOUTH BAZAR, KANNUR. 5. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS REGIONAL MANAGER, KOZHIKODE. BY ADV. SRI.A.M.SHAFFIQUE SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. SRI.B.KRISHNAN SRI.R.PARTHASARATHY SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.4134/2003 IN O.P.NO.2334/2003 DISMISSED. 11-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE LETTER DATED 10-11-99 ISSUED BY THE KUTHUPARAMBA BRANCH OF THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P2. TRUE COPY OF THE LETTER DATED 15-11-2002 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P3. TRUE COPY OF THE REPRESENTATION DT. 3-8-2002 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4. TRUE COPY OF THE LETTER DATED 1-10-2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5. TRUE COPY OF THE LETTER DT. 10-10-2002 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6. TRUE COPY OF THE REPRESENTATION DT. 13-11-2002 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7. TRUE COPY OF THE CONSENT LETTER DT. 20-5-2002 SIGNED BY THE DEFAULTER TO THE 5TH RESPONDENT. EXT.P8. TRUE COPY OF THE REPRESENTATION DT.31-5-2002 FILED BY THE PETITIONER TO THE 5TH RESPONDENT. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.2334 of 2003 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT Petitioner is aggrieved since the pensionary benefits due to him are not released. Learned counsel for the KSFE submits that there is no agreement whereby the petitioner has undertaken to have the liability recovered from his pensionary benefits. The agreement is only to the effect of recovery from pay and allowances. In the above circumstances there will be a direction to the 3rd respondent to forward the non-liability certificate and last pat certificate of the petitioner to the second respondent within a period of one month from today and thereafter the pensionary benefits due to the petitioner shall be disbursed to him within another two months. The question of interest is left open. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.2334 of 2003 ----------------------------------- JUDGMENT 11th January, 2008