IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 34334 of 2003(K) -------------------------- PETITIONER: ------------ C.JEROME, S/O. LATE S.CHACKO, AGED 57 YEARS, LAB ASSISTANT (RETD.), FATIMA MATA NATIONAL COLLEGE, KOLLAM AND RESIDING AT KIZHAKKADATHU VEEDU, PAVUKKARA P.O., MANNAR, ALAPPUZHA DISTRICT. BY ADV. SRI.N.UNNIKRISHNAN SRI.V.SJYOTHILAL PRASAD RESPONDENTS: ------------- 1. THE PRINCIPAL, FATIMA MATA NATIONAL COLLEGE, KOLLAM. 2. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. THE SUB TREASURY OFFICER, CHANGANACHERRY. BY ADV. SRI.BABU VARGHESE FOR R1 G.P. SMT.SMITHA SUKUMARAN FOR R2,3&4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF GRATUITY PAYMENT ORDER DT.9.6.2003. P2: TRUE COPY OF LETTER DT.24.1.2003. P3: TRUE COPY OF LETTER DT.22.10.2003 SUBMITTED BY PETITIONER TO ALL THE RESPONDENTS. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF LETTER DT.28.12.2002 SENT BY K.S.F.E. R1(b): TRUE COPIES OF LIABILITY CERTIFICATE AND LPC WITH COVERING LETTER DT.13.11.2003. R1(c): TRUE COPY OF COMMUNICATION SENT TO THE PETITIONER DT.31.10.2003 BY THE 1ST RESPONDENT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.34334 of 2003 .................................................................... Dated this the 29th day of May, 2008. JUDGMENT The petitioner's DCRG benefit is not released by third respondent because first respondent has reported that petitioner as surety is liable to pay an amount of above Rs.65,000/- due to KSFE. However, in the counter affidavit filed by Principal of the College it is stated that along with petitioner two other persons by name Sri.K.E.Resilon and Sri.A.Milrens stood as sureties for the loan availed by one Mr.A.Cleetus who is no longer in service. Even though petitioner is liable as surety, I feel on equitable ground the liability should be shared among all the sureties. In the circumstances, there will be direction to the first respondent to issue NOC for release of the DCRG amount after withholding one third of the total liability due from Mr.A.Cleetus to KSFE. The third respondent will first pay one third of the liability due to KSFE from out of DCRG amount due to the petitioner and release the balance to the petitioner. There will be direction to the first respondent to immediately start attachment from the salary of the other two sureties i.e. Mr.K.E.Resilon and Mr.A.Milrens for recovery of the balance arrears due to KSFE and make payment to KSFE in 2 terms of garnishee proceedings issued by the KSFE. Recovery from the salary of the other two sureties should be continued until full arrears are recovered. The commuted value of pension and other benefits should also be released to the petitioner after releasing one third of loan to KSFE as stated above. Payment as above should be made to KSFE and balance should be released to the petitioner within one month from date of production of copy of this judgment by the petitioner. C.N.RAMACHANDRAN NAIR Judge pms