IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 196 of 2009 ------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2080/2009 Dated 20/01/2009 .............................. APPELLANT(S): -------------------- A.V. BABU, S/O. LATE A.S. VELAYUDHAN, RAILWAY QUARTERS NO.4B, THURAVOOR,ALAPPUZHA DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. SYNDICATE BANK, BANERJI ROAD BRANCH, ERNAKULAM-REPRESENTED BY ITS MANAGER. 2. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THYCAUD, THIRUVANANTHAPURAM. 4. MRS. P.V. PRASANNAKUMARI, W/O. LATE RAJENDRAN NAIR, CHETTUPARA HOUSE, P.O. PUTHUKKADAI, KANYAKUMARI DISTRICT, TAMIL NADU. 5. SRI. VIVEK R. NAIR (MINOR), REPRESENTED BY HISMOTHER, GUARDIAN, & NEXT FRIEND, MRS. P.V. PRASANNAKUMARI, W/O. LATE RAJENDRAN NAIR, CHETTUPARA HOUSE, P.O. PUTHUKKADAI, KANYAKUMARI DISTRICT, TAMIL NADU. W.A. 196/2009 E 6. SRI. VISHNU R.NAIR (MINOR), REPRESENTED BY HIS MOTHER, GUARDIAN & NEXT FRIEND, MRS. P.V. PRASANNAKUMARI, W/O. LATE RAJENDRAN NAIR, CHETTUPARA HOUSE, P.O. PUTHUKKADAI, KANYAKUMARI DISTRICT, TAMIL NADU. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 & 3 SRI.R.S.KALKURA FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & P.BHAVADASAN, J. -------------------------------------- W.A.No.196 of 2009 ------------------------------------- Dated 6th February, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner stood as a surety when husband of the fourth respondent availed a loan of Rs.78,000/- from the first respondent Bank. Husband of the fourth respondent died. He was an employee of Railway. It is submitted by the Railways that an amount of Rs.17,000/= is payable as arrears of salary to the deceased employee who took the loan. We direct the Railways to remit that amount to the Bank towards his loan account and balance amount can be realised from the sureties. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.BHAVADASAN JUDGE tks