IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WA.No. 977 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.261/2009 .................... APPELLANT(S): -------------- G.V.JOSEPH,S/O.VAREED,GOPURAM HOUSE, KHADIKUAM P.O,C&H FITTER,TECHNICIAN GRADE-1, SOUTHERN RAILWAY,IRUMPANAM. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- 1. DIVISIONAL PERSONNAL OFFICER, DIVISIONAL OFFICE,SOUTHERN RAILWAY, THAMPANOOR,TRIVANDRUM. 2. DIVISIONAL SECURITY COMMISSIONER, SOUTHERN RAILWAY,THAMPANOOR,TRIVANDRUM. 3. PUNJAB NATIONAL BANK, M.G ROAD,ERNAKULAM,COCHIN-16. 4. SHERI S.KURIAN,NADUVIZEZHATHU HOUSE, KOTTAKKUNNU,CONVENT JUNCTION, MANJUMMEL P.O,ERNAKULAM. 5. S.SUNIL KUMAR,PUTHENPARAMBU NIKARTHIL, THURAVOOR P.O,CHERTHALA. R1, R2 BY ADV. SRI.JAMES KURIAN, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, Ag.C.J. & THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.A.No.977 OF 2009 ------------------------------------------- Dated this the 25th day of January, 2010 JUDGMENT Kurian Joseph, Ag.CJ. The appellant is the petitioner. Admittedly, he is one of the sureties for a loan availed from the Punjab National Bank by late K.P.Sukumaran Nair. According to the appellant, the whole loan amount is to be re-couped from the pensionary benefits of Sukumaran Nair. Accordingly, he made a request to the Railways. That has been turned down as per Ext.P8. The Railways have taken a stand that according to their service rules, only dues to it and to the Government can be realised from the pensionary benefits. The writ petition, challenging that decision was dismissed. Hence, this writ appeal. According to the appellant, the gratuity is liable to be attached by the Railways and there is no protection as claimed WA.977/09 2 by the Railways. We do not think that the said question will be addressed in this case. Admittedly, the appellant stood as a surety and therefore, he is also jointly and severally liable to the bank in respect of the loan availed by late Sukumaran Nair. If aggrieved by any recovery from him, he is only to approach the civil court by impleading the legal representatives of late Sukumaran Nair, the petitioner is free to take all other ways. We cannot collaterally prevent the bank, from taking recourse to steps to recover the loan in terms of the agreement executed by the appellant and the other sureties. Therefore, without prejudice to such remedies, this writ appeal is dismissed. Sd/- KURIAN JOSEPH, Ag. Chief Justice Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.26/1.