IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).NO. 8373 OF 2009(N) ------------------------- PETITIONER): --------------- V.SASIDHARAN NAIR, SREE SAILAM, MANNOTTUKONAM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): ----------------------- 1. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 2. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL OF KERALA(A & E), THIRUVANANTHAPURAM. ADDL.R4 IMPLEADED R4: PRIVATE SCHOOL EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.T.369, NEYYATTINKARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. (IS IMPLEADED AS ADDL.R4 IN W.P.(C)NO. 8373/09 AS PER ORDER DT.15.6.09 IN IA.7175/09. ADDL.R5 IMPLEADED: R5: SPECIAL DEPUTY TAHSILDAR, RR, KSFE, NEYYATTINKARA. (IS IMPLEADED AS ADDL.R5 IN W.P.(C)NO. 8373/09 AS PER ORDER DT.21.10.09 IN IA.12691/09. ADDL.R6 IMPLEADED R6: THE KERALA STATE FINANCIAL ENTERPRISES LTD., 'BHADRATHA', MUSEUM ROAD, P.B.NO.51, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. (IS IMPLEADED AS ADDL.R6 AS PER ORDER DT.21.5.10 IN IA.6031/10 IN W.P.(C) NO.8373/09) GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1 TO R3 ADV. SRI.P.RAMAKRISHNAN FOR ADDL.R4 SRI.C.ANIL KUMAR FOR ADDL.R4 GOVERNMENT PLEADER FOR R1-3 SRI.M.SASINDRAN FOR ADDL.R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.8373/09 PETITIONER'S EXTS: EXT.P1: COPY OF PENSION PAYMENT ORDER ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF JUDGMENT IN W.P.(C)NO.37885/03. EXT.P3: COPY OF RECOVERY ORDER ISSUED BY THE DEO, NEYYATTINKARA. EXT.P4: COPY OF RECEIPT ISSUED BY THE RESPONDENT SPECIAL DEPUTY TAHSILDAR, KSFE. EXT.P5: COPY OF UNDERTAKING TO PAY OFF THE ENTIRE ARREARS BY THE LOANEE. EXT.P6: COPY OF REPRESENTATION DT.22.12.05. EXT.P7: COPY OF JUDGMENT IN W.P.(C)NO. 26028/08 DT.29.9.08. EXT.P8: COPY OF NOTICE DT.29.12.2008. EXT.P9; COPY OF REPLY DT.3.1.09. EXT.P10: COPY OF PROCEEDINGS NO.G3/4603/06 DT.9.1.09. RESPONDENTS' EXTS: EXT.R4(A): COPY OF LOAN APPLICATION SUBMITTED BY THE PETITIONER. EXT.R4(B): COPY OF NON-LIABILITY CERTIFICATE. EXT.R4(C): COPY OF LETTER DT.2.3.07 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.R4(D): COPY OF COMMUNICATION FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.R4(E): COPY OF NOTICE DT.5.12.08 ISSUED BY THE 2ND RESPONDENT. EXT.R2(A): COPY OF ORDER NO.SDT/NTA/1519/1585/2299/01-02 DT.6.11.2008. EXT.R2(B): COPY OF ATTENDANCE SHEET DT.22.11.2008. EXT.R2(C): COPY OF NOTICE DT.5.12.2008. EXT.R2(D): COPY OF NOTICE DT.29.12.2008. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.8373 Of 2009 -------------------------------------------------- DATED THIS THE 19th DAY OF AUGUST, 2011 J U D G M E N T The petitioner is aggrieved by the delay in disbursement of retirement benefits. He retired from service on 31.3.2006. The total amount of Death-cum-Retirement Gratuity sanctioned is Rs.2,20,298/-. 2. After the filing of the Writ Petition various steps were taken to clear off the objections regarding the liabilities. As the matter stands today, as far as the Kerala State Financial Enterprises Limited is concerned, it is revealed from the written instructions received by the learned Standing Counsel for the KSFE dated 18.8.2011 that there is no agreement executed by the petitioner agreeing for any recovery from DCRG towards any transactions. It appears that he was a surety in a transaction. Therefore, there cannot be any recovery from the DCRG of the petitioner in the absence of such an agreement. 3. The learned Government Pleader submitted that liability to the tune of Rs.1,20,200/- is remaining to be cleared as W.P.(C)No.8373/09 -2- due to the additional 4th respondent-Co-operative Society. 4. The learned counsel for the 4th respondent also was heard. 5. The learned counsel for the petitioner submitted that the said amount can be adjusted against the DCRG for payment to the additional 4th respondent. 6. Therefore, there will be a direction to respondents 1 and 2 to release the amount sanctioned towards Death-cum- Retirement Gratuity to the petitioner after recovering Rs.1,20,200/- for payment of the amount due to the additional 4th respondent. The balance amount of DCRG will be disbursed within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn