IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 33689 of 2008(I) ------------------------------------- PETITIONER(S): ----------------------- ABDULKHADER KOYA P.K., S/O. KOYAKUTTY, RETIRED PEON, SUB TREASURY OFFICE, VARKALA, THIRUVANANTHAPURAM DISTRICT, RESIDING AT BISMI HOUSE, COLLEGE NAGAR -68, VADAKKEVILA, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TREASURIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT TREASURY OFFICE, EAST FORT, THIRUVANANTHAPURAM. 3. THE SUB TREASURY OFFICER, VARKALA, THIRUVANANTHAPURAM. 4. L. VIJAYAKUMARI AMMA, RETIRED ASSISTANT TREASURY OFFICER, RESIDING AT 'MADHAVAM', KARAMANA P.O., THIRUVANANTHAPURAM. * ADDL. R5 IMPLEADED ADDL. R5: THIRUVANANTHAPURAM GOVT. SERVANTS CO-OPERTIVE SOCIETY LIMITD NO.131, SECRETARIAT, THIRUVANANTHAPURAM. * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 04/06/2009 IN I.A.NO.2340/2009. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH ADDL. R5 BY ADV. MR.D.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 33689/2008-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.PPO-10694501 DATED 01/06/1999 ISSUED BY THE ACCOUNTANT GENERAL A& E KERALA, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE COMMUNICATION DATED 16/03/2009 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 12/06/2007 ISSUUED BY THE SPECIL DEPUTY TAHSILDAR, REVENUE RECOVRY, K.S.F.E, THIRUVANANTHAPURAM TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.33689 of 2008 -------------------------------------- Dated 4th June, 2009 JUDGMENT Heard Sri.B.Mohan Lal, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for respondents 1 to 3 and Sri.D.Sajeev, the learned counsel appearing for the additional fifth respondent. 2. The petitioner is a pensioner. He retired from service on 31.5.1999. The petitioner has stood as surety to a loan availed by the fourth respondent from the additional fifth respondent. Since the loan was in default, the fifth respondent requested the Government to withhold the payment of DCRG sanctioned to the petitioner. The payment of DCRG was accordingly withheld. The learned counsel for the petitioner submits that the entire amounts payable by the fourth respondent to the fifth respondent have been paid and that no amount is due either from the petitioner or the fourth respondent. The learned counsel appearing for the additional fifth respondent concurs with the said submission. 3. The learned Government Pleader appearing for respondents 1 to 3 submits that it was because of the fact that the petitioner was surety to the loan availed by the fourth respondent from WP(C).No.33689/2008 2 the fifth respondent that the DCRG sanctioned to the petitioner was not disbursed. 4. In the light of the fact that no amount is now due either from the petitioner or from the fourth respondent to the fifth respondent, I find no reason to withhold payment of the DCRG sanctioned to the petitioner. In these circumstances, I dispose of this writ petition with a direction to the competent authority among respondents 1 to 3 to disburse to the petitioner the DCRG sanctioned to him in Ext.P1 within two months from today. If Ext.P1 requires to be revalidated, the Director of Treasuries shall take necessary steps in that regard. P.N.RAVINDRAN Judge TKS