IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9305 of 2009(G) ------------------------- PETITIONER: --------------- M.R.PREM SUJITH, UPPER DIVISION CLERK, BLOCK DEVELOPMENT OFFICE, PERUNGADAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENTS: --------------- 1. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM. 2. THE SECRETARY, THIRUVANANTHAPURAM JILLA GRAMA VIKASANA DEVELOPMENT EMPLOYEES CO-OPERATIVE SOCIETY LIMITED, NO.T.984, SREENIKETHAN, VAZHUTHACAUD, THYCAUD P.O.,THIRUVANANTHAPURAM. 3. THE BLOCK DEVELOPMENT OFFICER, PERUNGADAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. SMT.M.S.SUJA, W/O.LATE S.RAVIKUMAR, LOWER DIVISION CLERK, BLOCK DEVELOPMENT OFFICE, NEMOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.9305 of 2009 -------------------------- Dated this the 24th March,2009 J U D G M E N T The petitioner herein is working as Upper Division Clerk in the Block Development Office at Perungadavila, Neyyattinkara in Thiruvananthapuram district. One of his colleagues Sri.A Ravikumar who was working as Upper Division Clerk availed a loan of Rs.1,00,000/- from the 2nd respondent Society. Petitioner was one of the sureties for the above loan transaction. It appears that the instalments were in default and the said Ravikumar passed away on 21.2.2006. Presently Exhibit-P1 requisition is pending against the petitioner for recovery from his salary. This is initiated by the 2nd respondent society. Fourth respondent is the wife of late Sri.Ravikumar and she has gained an employment under the dying in harness scheme and is now working as Lower Division Clerk in the Block Development Office, Nemom. According to the petitioner, the benefits due to the deceased have not been disbursed to the 4th respondent W.P ( C) No.9305 of 2009 2 so far and the arrears to the loan could be adjusted against the said benefits which are liable to be granted by the official respondents. 2. In these circumstances, the petitioner approached the 1st respondent for appropriate directions in the matter by submitting Exhibit-P2 representation. There will be a direction to the 1st respondent to take a decision on Exhibit-P2 in regard to the question whether the benefits available to the deceased could be adjusted against the loan transaction involving the respondents 2 and 4. Appropriate decision shall be taken within a period of six weeks from the date of receipt of a copy of this judgment after hearing respondents 2 and 4. Since the recovery proceedings have been initiated as per Exhibit-P1, the 1st respondent will see that action is taken accordingly to redress the grievance of the petitioner. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.9305 of 2009 3 W.P ( C) No.9305 of 2009 4