IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 34648 of 2010(E) -------------------------- PETITIONER(S): --------------- SARALA DEVI.A.,(RTD U.D.CLERK/OR CHIEF MANIMANDIRAM, ENGINEER OFFICE/PUBLIC WORK DEPT) GANDHI NAGAR, MANVILA, KULATHOOR, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), MUSEUM P.O., THIRUVANANTHAPURAM-695 033. 3. THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD., HEAD OFFICE, PB NO.115, M.G.ROAD, THIRUVANANTHAPURAM-695 501, REPRESENTED BY ITS SECRETARY. 4. V.SASIKUMARAN NAIR, SABA STUDIO, EAST FORT, M.G.ROAD, THIRUVANANTHAPURAM-33. 5. B.VIJAYAKUMAR, U.D.CLERK, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-1. 6. V.SANTHOSH KUMAR, U.D.CLERK, NEDUMANGAD TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM-12. ADV. SRI.GEORGE POONTHOTTAM FOR R3 SRI.SANDESH RAJA - GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34648 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER DTD 28.7.2008 ISSUED BY THE ACCOUNTANT GENERAL. EXT.P2: COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH THE 3RD RESPONDENT - BANK. EXT.P3: COPY OF THE COMMUNICATION DTD 3-10-2008 ISSUED BY R3 - BANK. EXT.P4: COPY OF THE ORDER DATED 27-3-2009 OF THE KERALA LOK AYUKTA IN COMPLAINT NO.1073/2008. RESPONDENTS' EXHIBITTS EXT.R3(a): COPY OF AWARD DTD 5-02-2007 IN ARC 277 OF 2006. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.34648 OF 2010 --------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT This writ petition is filed by a surety, who has retired from service, challenging the proceedings for withholding his DCRG for non-payment of loan amounts due from the 4th respondent for which the petitioner was a surety before the 3rd respondent. The total amount of gratuity due to the petitioner is Rs.2,13,878/-. Now the learned counsel for the 3rd respondent submits that if, out of the said amount, Rs.1 lakh is paid to the 3rd respondent, the petitioner can be absolved from further liabilities without prejudice to the right of the 3rd respondent to proceed against respondents 4 to 6 for the balance. The petitioner is agreeable for the said course of action. In view of the said agreement, this writ petition is disposed of with the following directions: Respondents 1 and 2 are directed to disburse Rs.1,13,878/- out of the DCRG amount of Rs.2,13,878/- to the petitioner. The balance amount of Rs.1 lakh shall be remitted to the 3rd respondent. This is without prejudice to the right of the 3rd W.P.(C)No.34648/10 2 respondent to proceed against respondents 4 to 6 for the balance amount, if any due, and without prejudice to the right of the petitioner to recover the said amount of Rs.1 lakh from the 4th respondent. The above direction shall be complied with by the respondents 1 and 2 within one month. S. SIRI JAGAN, JUDGE acd W.P.(C)No.34648/10 3