IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 11657 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. T.G.SALIJAKUMARI, W/O.K.SASIDHARAN, STAFF CODE NO.26986, SR.ASSISTANT A, COMMUNICATIONS, RFA AREA, VSSC, THIRUVANANTHAPURAM. 2. T.P.VISWANATHAN, S/O.T.P.KARUPPUNNI, STAFF CODE NO.17973, COOK, CGHS/VRC, VSSC, THIRUVANANTHAPURAM-695 022. 3. S.MANIKANTAN, S/O.SEKHARAN, STAFF CODE NO.23841, GAD/PGA, VSSC, THIRUVANANTHAPURAM-695 022. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. M.ABDUL KALAM, PULIMUTTOM PUTHUVAL VEEDU POUND KADAVU, VALIA VELI P.O. THIRUVANANTHAPURAM (STAFF CODE NO.20416, CMSC/REPLACE, VATTIYOORKKAVU THIRUVANANTHAPURAM). 2. SPACE CENTRE EMPLOYEES CO-OPERATIVE SOCIETY LTD.T.1388, REPRESENTED BY SECRETARY, VSSC, ISRO P.O., THIRUVANANTHAPURAM-695 022. 3. DEPARTMENT OF SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD.NO.T.766, REPRESENTED BY SECRETARY, VRC, VSSC, THIRUVANANTHAPURAM. 4. THE CONTROLLER, VSSC, ISRO (P.O.), THIRUVANANTHAPURAM- 695 022. WPC.11657/09 2 5. THE HEAD ACCOUNTS/IFA, ACCOUNTS DIVISION ISRO (PO), THIRUVANANTHAPURAM- 695 022. 6. THE ACCOUNTS OFFICER, PAY AND ESTABLISHMENT, PENSION, VSSC, ISRO (PO), THIRUVANANTHAPURAM-25. 7. R.RAJARAM, C/O.SUJATHA RAJARAM, N.G.O.QUARTERS, MELARANNOOR, KARAMANA PO, THIRUVANANTHAPURAM-695022, (SC NO.25452, MEMBER NO.918, T/M, EAC/EMD/CMSC, VATTIYOORKAVU, THIRUVANANTHAPURAM). ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R4-R6 SRI.S.JAMES VINCENT FOR R2 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R4 TO R6 SRI.AJITH KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.11657/09 3 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE UNDERTAKING DT 6.6.05. P2 COPY OF THE UNDERTAKING BY R1 BEFORE R3. P3 COPY OF THE RECOVERY NOTICE DT 18.7.07 ISSUED BY R2. P4 COPY OF THE REPRESENTATION DT 18.8.08. P5 COPY OF THE RECOVERY NOTICE. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE LOAN APPLICATION CHECK LIST DT 19.5.05. R2(B) COPY OF THE APPLICATION FOR BANK LOAN DT 6.5.05. R2(C) COPY OF THE LOAN BO0ND DT 6.6.05. R2(D) COPY OF THE SALARY CERTIFICATE OF 1ST PETITIONER DT 3.5.05. R2(E) COPY OF THE SALARY CERTIFICATE OF 2ND PETITIONER DT 4.4.05. R2(F) COPY OF THE SALARY CERTIFICATE OF THE 3RD PETITIONER DT 11.5.05. R2(G) COPY OF THE SALARY CERTIFICATE OF R1 DT 30.3.05. R2(H) COPY OF THE PROMISSORY NOTE ON 6.6.05. R2(I) COPY OF THE UNDERTAKING DT 6.6.05. // True Copy // P.A. To Judge S. SIRI JAGAN, J. `````````````````````````````````````````````````` W.P.(C) No. 11657 of 2009 B `````````````````````````````````````````````````` Dated this the 6th day of November, 2009 J U D G M E N T The petitioners are guarantors for repayment of loan amounts disbursed by the second and third respondents to the first respondent. According to the petitioners, the first respondent has obtained voluntary retirement from the VSSC and the entire loan amounts can be recovered from his retirement benefits, whereas respondents 2 and 3 are proceeding to recover the loan amounts from the salary of the petitioners. 2. Today, the first respondent has filed a counter affidavit in which his liability is admitted and he has also stated thus:- “ Hence it is highly essential in the interest of justice this Hon'ble Court may be pleased to simply direct respondents 4 to 6 to recover the amount from my voluntary retirement benefits and disburse the amounts I have to pay the petitioners, second respondent and the third respondent respectively, and give me the balance amount comes after deducting the amount recovered from my voluntary retirement benefits.” WPC.11657/09 : 2 : 3. In view of the above categoric submission of the first respondent, nothing further requires to be done in this case, except to direct respondents 4 to 6 to recover the amounts as admitted by the first respondent in his counter affidavit and forward the same to respondents 2 and 3. There would be a direction to that effect. It is further directed that no further amounts shall be recovered from the petitioners, unless the amounts due to the first respondent from the VSSC to be adjusted against the loan amounts are not sufficient to cover the entire amounts due. The writ petition is disposed of as above. (S. SIRI JAGAN, JUDGE) aks