IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2640 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18806/2009 Dated 21/10/2009 .................... APPELLANT(S): PETITIONER IN WPC ------------------------------- C.SASKUMARAN NAIR, AGED 58 YEARS S/O. CHELLAPPAN PILLAI, UNDER SECRETARY TO GOVERNMENT (RETIRED) GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,TVM., NOW RES: AT"AYILYAM",MARWELL-B-44,SREEMANGALAM LINE, MARUTHOOR KADAVU, KARAMANA.P.O.,TRIVANDRUM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT GENERAL ADMINSTRATION (SPL.B) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY KERALA GAZETTED OFFICERS CO-OPERATIVE SECIETY, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A &E), A G'S OFFICE, THIRUVANANTHAPURAM. 4. KERALA LOK AYUKTA, REPRESENTED BY IT SECRETARY, THIRUVANANTHAPURAM. 5. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2640 of 2009 ----------------------------------------- Dated this the 20th day of November, 2009 JUDGMENT Kurian Joseph, J. Writ petitioner is the appellant. The appellant is aggrieved since the pensionary benefits have not been disbursed. He approached the Lok Ayukta and the Lok Ayukta dismissed the complaint as per Ext.P6. It has been held by the Lok Ayukta that in view of Ext.P4 surety bond executed by the petitioner, the employer is liable to recover the dues in terms of the bond from the pensionary benefits. According to the petitioner, unless a pensioner gives a specific undertaking, there cannot be any recovery from the pensionary benefits. We are afraid the contention cannot be appreciated. The point is wholly covered against the petitioner by a Bench decision of this court in Surendran v. Mavelikara Primary Co.op. Agrl. & R.D. Bank Ltd., 2005 (4) KLT 619. Ext.P4 is unambiguously clear wherein the petitioner has undertaken for the recovery of the dues, if any, W.A.No.2640 of 2009 -:2:- from his pensionary benefits. There is also an authorisation, authorising the Head of the Department/Pension Sanctioning Authority to recover such dues. The contention is that unless the pensioner agrees in writing for such recovery, there cannot be any recovery. That contention cannot be appreciated at all. It is not on the security bond of the pensioner that the loan was advanced to the borrower. It was on the basis of the security bond of the petitioner while he was in service, the loan was advanced. It is clear from Ext.P4 that the bond contains two parts: one, that the dues can be recovered from his salary, till he is in service and after his retirement, still if there are dues, the same can be recovered from his pensionary benefits. It is undertaken in Ext.P4 that the dues can be recovered from the gratuity and other pensionary benefits and the Pension Sanctioning Authority and the Head of the Department have been authorised also for the same. 2. However, there is a contention for the appellant that the W.A.No.2640 of 2009 -:3:- Society has not properly accounted the amounts already recovered from the appellant. It will certainly be open to the appellant to seek for a statement of accounts from the Co- operative Society and in case there is any mistake the Society shall take steps to regularise the account. We make it clear that as soon as the liability is cleared, steps will be taken to see that the remaining pensionary benefits are disbursed to the petitioner within another two months. The writ appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.2640 of 2009 ---------------------------- JUDGMENT 20th November, 2009