IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 25195 of 2008(Y) -------------------------------------- PETITIONER(S): ---------------------- MURALEEDHARA KAIMAL, PREETH BHAVAN, MANKOMB.P.O, ALAPPUZHA. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ALAPPUZHA. 3. TAHSILDAR, KUTTANAD TALUK, ALAPPUZHA DISTRICT. 4. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR. 5. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., IRUMBUPALAM, ALAPPUZHA. 6. SPECIAL DEPUTY TAHSILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LTD., H.P UNIT, KUMARANASAN SMARAKA MANDIRAM COURT ROAD, ALAPPUZHA-1. 7. THE ACCOUNTANT GENERAL (A& E), KERALA, THIRUVANANTHAPURAM. R1 TO R3 & R7 GOVERNMENT PLEADER SMT.SUDHA DEVI R4 TO R6 BY ADV. MR.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25195/2008-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GRATUITY PAYMENT ORDER DATED 27/04/2007. EXT.P2: COPY OF THE ORDER DATED 05/06/2007. EXT.P3: COPY OF THE NOTICE DATED 30/08/2003. EXT.P4: COPY OF THE NOTICE DATED 01/01/2004. EXT.P5: COPY OF THE NOTICE DATED 06/02/2004. EXT.P6: COPY OF THE NOTICE DATED 04/05/2004. EXT.P7: COPY OF THE DECISION REPORTED IN GORAKHPUR UNIVERSITY v. SHITLA PRASAD NAGENDRA AIR 2001 SC 2433. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.25195 of 2008 ------------------------- Dated this the 24th day of March, 2009. JUDGMENT The petitioner is aggrieved by the non- disbursal of the Death cum Retirement Gratuity, in spite of the fact that he retired from service as a Boat Srank from the Revenue Department on 31.12.2006. No liability as such has been fixed against the petitioner and Ext.P2 shows that a total amount of Rs.1,10,262/-, as Death cum Retirement Gratuity, has been sanctioned in favour of the petitioner. 2. The statement filed on behalf of the 2nd respondent shows that the only reason for non- disbursal of the Death cum Retirement Gratuity is that the petitioner has stood as a surety for the loan availed by a colleague viz., one Joseph Mathew- another Government servant, from the Kerala State Financial Enterprises {for short 'the KSFE'}. It seems that Joseph Mathew defaulted repayment of the loan and therefore, notice was issued to the petitioner intimating him about the proposal to withhold Rs.84,608/- from the Death cum Retirement Gratuity due to W.P.(C).No.25195 of 2008 :: 2 :: him. But, it is clear from the statement of the 2nd respondent that the petitioner has not given any written consent for recovery of the amount from the Death cum Retirement Gratuity. If that be so, the Death cum Retirement Gratuity due to him cannot be withheld for the purpose of satisfying the claim of the KSFE, from another person. Accordingly, the writ petition is allowed. The 2nd respondent shall take necessary steps to see that the Death cum Retirement Gratuity due to the petitioner sanctioned under Ext.P2 is disbursed, without effecting any recovery for satisfaction of any claim that the KSFE may have, in this regard. This shall be done as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//