IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22538 of 2009(J) -------------------------- PETITIONER(S): --------------- MOHANDAS M.K.,H.S.A. SANSKRIT (RETD) NSS HS, KUDASSANADU RESIDING AT PANCHAVADI, KARIPUZHA P.O., MAVELIKARA ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 4. THE DISTRICT EDUCATIONAL OFFICER, KUTTANADU, RAMANKARI, ALAPPUZHA. 5. G.KRISHNAKUMAR HSA(SKT) NSS HS, VELIYANADU, ALAPPUZHA. 6. THE HEADMASTER, NSS HS, VELIYANADU, ALAPPUZHA. 7. THE HEADMATER, NSS HS.,KUDASSANADU. 8. THE KOTTAYAM AIDED SECONDARY SCHOOL TEACHERS CO-OPERATIE SOCIETIES LTD.NO.K.659 YWCA LANE, KOTTAYAM-1, REPRESENTED BY ITS SECRETARY. 9. THE SUB TREASURY OFICER, MAVELIKARA. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R7 WP(C).No. 22538 of 2009(J) :2: SRI.P.GOPAL FOR R7 SRI.K.ANAND FOR R8 SRI.JOSWIN THAMBI KUNNATH FOR R8 SRI. SANDESH RAJA, GOVERNMENT PLEADER FOR R1 TO 4 & 9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22538 of 2009(J) APPENDIX Petitioners Exhibits: Ext.P1: True copy of the pension payment order dated 7.3.2008 Ext.P2: True copy of the gratuity payment order dated 7.3.2008 Ext.P3: True copy of the Liability Certificate dated 19.2.2009 Ext.P4: True coy of noticeu/s52(2) of the Co-operative Societies Rules dated 24.11.2007 Ext.P5: True copy of the remittance receipt dated 29.4.2008 of the 8th respondent Ext.P6: True copy of the representation dated 6.7.2009 submitted by the petitioner to the 2nd respondent.. /True copy/ P.A. To Judge C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 22538 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2010 J U D G M E N T The petitioner has retired from service on 30.3.2008. The retiral benefits of the petitioner was withheld owing to the liability arising out of the suretyship executed by him for the 5th respondent towards the 8th respondent. The learned Government Pleader, upon instruction, submitted that during the pendency of this writ petition the 5th respondent has discharged the entire liability due to the 8th respondent. In fact, the petitioner himself has produced Ext.P7 letter issued by the 8th respondent society in that regard. In the light of the aforesaid position obtained in this case, there cannot be any further impediment for disbursing the retiral benefits due to the petitioner. Therefore, there will be a direction to the second respondent to disburse the admitted DCRG and other benefits due to the petitioner as authorised as per Ext.P2 within a period of one month from the date of receipt of a copy of this judgment. The learned counsel appearing for the petitioner submitted that based on the WPC.22538/2009 : 2 : requisition made by the 8th respondent towards the liability of the 5th respondent Rs.20,000/- was deducted from the salary of the petitioner. The petitioner claims that he is entitled to get the said amount returned. It is for the petitioner to resort to appropriate proceedings for recovery of the aforesaid amount in accordance with law. The petitioner also claims that he is entitled to get interest for the delayed payment of retiral benefits. However, no proper pleadings are before this Court to decide the said issue. Therefore, liberty is also given to the petitioner to resort appropriate proceedings to claim interest for the delayed payment of the retiral benefits. Needless to say that such entitlement would depend upon the success of the petitioner in establishing culpable delay on the part of the respondents in the matter of payment of the retiral benefits. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge