IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 2953 of 2010(T) ------------------------------------ PETITIONER(S): --------------------- SAROJINI N.C, AGED 58, W/O.VASU, NELLIKKUNNU, VALLIYAKKATTIL, CHELAVOOR, MUNDIKATHAZHAM, KOZHIKODE RET.GR.I, ASSISTANT MEDICAL COLLEGE, HOSPITAL, KOZHIKODE. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT, MEDICAL COLLEGE, ¦ HOSPITAL, KOZHIKODE. 2. THE REGIONAL MANAGER, THE KERALA SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT CORPORATION, REGIONAL OFFICE, MUNDUPARAMBU, MALAPPURAM. 3. THE ACCOUNTANT GENERAL (A&E), OFFICE OF THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1, R3 & R4 BY GOVT PLEADER SRI. ANTONY MUKKATH R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS ,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2953/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE AGREEMENT DT. 15/9/2000 EXECUTED BY THE PETITIONER WITH THIS RESPONDENT. R2(B) COPY OF THE AGREEMENT DT. 15/9/2000 EXECUTED BY THE PETITIONER WITH THIS RESPONDENT. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 2953 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2010 J U D G M E N T The petitioner is retired from service of the Government as a Grade-I Assistant of the Medical College Hospital, Kozhikode on 30.04.2007. The petitioner has not been paid her gratuity amount. On enquiry, the petitioner was informed that, the petitioner stood as a guarantor for certain loan amounts due to the Kerala State Development Corporation for Scheduled Castes & Scheduled Tribes Limited from one Sri. Bhaskaran, the brother of the petitioner. The petitioner challenges the recovery of that amount from the petitioner on the ground that the petitioner has not agreed for such recovery from her DCRG. Along with an additional statement of the 2nd respondent, the 2nd respondent has produced Ext.R2 (a), which would go to show that the petitioner had executed an agreement agreeing for recovery of the amounts from the W.P.(C)No. 2953 of 2010 -2- gratuity/death-cum-retirement gratuity amount payable to the petitioner. The petitioner disputes that, Ext.R2 (a) has been executed by her. I cannot decide the question as to whether the Ext.R2 (a) has been executed by the petitioner or not insofar as signatures appearing in Ext.R2 (a) and the writ petition appears similar. As to whether Ext.R2 (a) has been actually executed by the petitioner is a matter which the petitioner has to prove by evidence in a suit filed for the purpose. Therefore without prejudice to that right of the petitioner, this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/