IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 36318 of 2005(W) -------------------------- PETITIONER(S): --------------- S.MURALEEDHARAN NAIR, JUNIOR HEALTH INSPECTOR GRADE II, CORPORATION OF TRIVANDRUM RESIDING AT THARAVADU, NEAR DOORDARSHAN KENDRAN, KUDAPPANAKUNNU, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.A.G.GIRISH KUMAR SRI.VIMAL KUMAR.A.V. RESPONDENT(S): --------------- 1. CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, TRIVANDRUM CORPORATION OFFICE, TRIVANDRUM. 2. HEALTH OFFICER, CORPORATION OF TRIVANDRUM, TRIVANDRUM CORPORATION OFFICE, TRIVANDRUM. 3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS BRANCH MANAGER, KESAVADASAPURAM BRANCH, KESAVADASAPURAM, TRIVANDRUM. 4. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), K.S.F.E. LIMITED, REGIONAL OFFICE, SILVER JUBILEE BUILDING, STATUE, TRIVANDRUM. ADV. SRI.S.D.ASOKAN FOR R3 SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36318/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PAY SLIP ISSUED TO THE PETITIONER FOR THE MONTH OF OCTOBER, 2005. P2 : COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 01/09/2005. P3 : COPY OF THE PAY SLIP ISSUED TO THE PETITIONER FOR THE MONTH OF NOVEMBER, 2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.36318 of 2005 --------------------------------- Dated, this the 31st day of July, 2008 J U D G M E N T Petitioner is challenging recovery proceedings by way of attachment of salary by the Thiruvananthapuram Corporation at the request of the KSFE. Admittedly, petitioner stood as surety for the loan availed by his daughter and therefore, recovery is permissible from his salary. This writ petition is filed at a time when petitioner faced disciplinary proceedings and remained suspended from the service. This Court reduced the attachment to Rs.1,500/- for 2 ½ months, and thereafter, interim order was not in force. Learned standing counsel for KSFE submitted that under OTS scheme liability can be settled by remittance of Rs.43,100/- as against actual liability of Rs.51,350/- due as of now. If petitioner or defaulter settles liability, then of course there is a savings of a little over Rs.8,000/-. If petitioner or defaulter settles the liability then recovery through attachment of salary will be discontinued. Therefore, the writ petition is disposed of granting time till 30/11/2008 to the petitioner or to the defaulter to settle liability by remittance of Rs.43,100/- with simple interest at 12% per annum on this amount from 01/08/2008 till date of payment. However, if petitioner or defaulter WP(C) No.36318/2005 -2- does not avail the benefit, recovery will be continued by way of attachment of salary. (C.N.RAMACHANDRAN NAIR, JUDGE) jg