IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 7800 of 2008(C) ------------------------- PETITIONER(S): --------------- THE THIRUVALLA GOVERNMENT EMPLOYEES' CO-OPERATIVE BANK LTD.NO.A-213, THIRUVALLA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. K. GOPALAN, SUPERINTENDENT (RETD), MUNSIFF COURT, RANNI, RESIDING AT KOLLANTE THEKKETHIL, PERUNNA, CHANGANACHERRY. 2. ANNAMMA V.J., MALANKALLUNKAL HOUSE, CHENGAROOR P.O., MALLAPPALLY, THIRUVALLA. 3. SOBHA C.P., VELIYATH HOUSE, TRUVELLIPRA, THIRUKULAPURAM P.O., THIRUVALLA. 4. THE MUNSIFF, MUNSIFF COURT, RANNI. 5. THE MUNSIFF, MUNSIFF COURT, THIRUVALLA. *6. THE DISTRICT COURT, PATHANAMTHITTA. (*THE NAME OF the 6TH RESPONDENT IS CORRECTED AS “DISTRICT JUDGE, PATHANAMTHITTA”, INSTEAD OF DISTRICT COURT, PATHANAMTHITTA VIDE ORDER DATED 07/03/2008) 7. THE SUB TREASURY OFFICER, MALAPPALLY. 8. THE SUB TREASURY OFFICER, CHANGANACHERRY 9. THE ACCOUNTANT GENERAL (A & E), O/O. ACCOUNTANT GENERAL, TRIVANDRUM. ADV. SRI.SATHISH NINAN FOR R3 SRI.SANTHOSH MATHEW FOR R3 MR.I.V.PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7800/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LOAN APPLICATION DATED 08/12/2000. P2 : COPY OF AGREEMENT DATED 15/12/2000. P3 : COPY OF CERTIFICATE ISSUED BY THE MUNSIFF, THIRUVALLA DATED 07/12/2000. P4 : COPY OF CERTIFICATE ISSUED BY THE MUNSIFF, THIRUVALLA DATED 07/12/2000. P5 : COPY OF CERTIFICATE ISSUED BY THE MUNSIFF, THIRUVALLA DATED 07/12/2000. P6 : COPY OF COMMUNICATION DATED 03/03/2006. P7 : --DO-- --DO-- P8 : COPY OF COMMUNICATION ISSUED BY THE DIST. JUDGEM PATHANAMTHITTA DATED 11/02/2007. RESPONDENT'S EXHIBITS R3(1) : COPY OF PENSION PAYMENT ORDER NO.PPO39919308 DATED 28/07/2005. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7800 of 2008 --------------------------------- Dated, this the 2nd day of June, 2009 J U D G M E N T The issue raised in the writ petition is basically regarding the entitlement of the petitioner to realise its dues from the terminal benefits that are due to the 1st respondent, who had availed of loan from the petitioner offering respondents 2 & 3 as sureties. 2. Even though, notice has been served, there is no appearance on behalf of the 1st respondent. 3. As is evident from Ext.R3(1), and also from the counter affidavit filed by the 9th respondent, it is the admitted position that towards DCRG dues, Rs.1,12,200/- is due to the 1st respondent and that the same is available with his employer. According to the petitioner, as on date, the total liability that is due to the 1st respondent is Rs.1,29,248/-. If that be so, there is no reason why the petitioner should not recover the amount available towards the DCRG that is due to the 1st respondent, in satisfaction of its dues to the extent available. It is directed that once Rs.1,12,200/- is WP(C) No.7800/2008 -2- realised, it will be open to the petitioner to appropriate the same towards the liability of the 1st respondent and recover the balance dues from the terminal benefits that are due to the sureties. 4. Therefore, the writ petition is disposed of with the following directions:- (1) That it will be open to the petitioner to move the authority concerned to realise Rs.1,12,200/- that is outstanding in the account of the 1st respondent towards his gratuity. (2) In so far as the balance amount that is due to the petitioner is concerned, it will be open to the petitioner to realise the same from the sureties as well. 5. It is directed that early steps for realisation shall be taken and immediately on such realisation, it will be open to respondents 2 & 3 to seek release of the balance amount outstanding that is due to them. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg