IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 30331 of 2008(J) ------------------------------------ PETITIONER(S): ---------------------- C.G.RAVINDRANATH, AGED 52 YEARS S/O.GOPALAN, CHIRAYIL HOUSE, OLD BOAT JETY, KOTTAYAM-1 BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJULA NAIR RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION CHIEF OFFICE, TRANSPORT BHAVAN, FORT, TRIVANDRU-23, REPRESENTED BY ITS MANAGING DIRECTOR. 2. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM UNIT, KOTTAYAM. 3. KERALA STATE ROAD TRANSPORT CORPORATION STAFF, CO-OPERATIVE SOCIETY LIMITED NO.141, KOTTAYM, REPRESENTED BY ITS SECRETARY. 4. R.J.THRESIAMMA, ADMINISTRATIVE OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CITY UNIT, TRIVANDRUM. 5. SUKUMARAN, STATION MASTER, KAERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA UNIT, PATHANAMTHITTA. R1 TO R5 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC R3 BY ADV. SRI.K.S.MOHAMED HASHIM R5 BY SRI.SHAJI JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30331/2008-J APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE ISSUED TO THAT EFFECT BY THE 3RD RESPONDENT. P2 COPY OF THE NOTICE DATED 24/7/2007 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DEMANDING TO SETTLE THE LOAN ACCOUNT OF THE 4TH RESPONDENT. P3 COPY OF THE PROCEEDINGS SUBMITTED ON 19/12/2007. P3(A) COPY OF THE CERTIFICATE DATED 19/12/2007 ISSUED BY THE 2ND RESPNDENT. P4 COPY OF THE REPRESENTATION DATED 15/12/2007 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.30331 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 J U D G M E N T The 4th respondent availed a loan for Rs.1,00,000/- from the 3rd respondent Co-operative Society. The petitioner and the 5th respondent stood as sureties. All of them were employees of the first respondent at the time of execution of the agreement relating the said loan transaction. Subsequently, the 4th respondent retired from the service of the 1st respondent on 31.1.2009. Admittedly, the DCRG and other retiral benefits due to the 4th respondent have not so far been disbursed by the 1st respondent. In the meanwhile, the 3rd respondent took coercive steps for realisation of the amount due towards the said loan account and accordingly the first respondent had started deduction from the salary of the petitioner and also the 5th respondent for the purpose of discharging the liability of the 4th respondent towards the 3rd respondent. It is in the said circumstances that this writ petition has been filed by the petitioner. 2. Despite the receipt of notice in this proceedings the WPC.30331/2008 : 2 : 4th respondent did not enter appearance. As already noticed hereinbefore, the 5th respondent is the other surety to the said transaction. He has also retired from the service of the first respondent. Earlier, an interim order was passed by this Court on 15.10.2008 directing the first respondent not to disburse the salary of the 4th and 5th respondent without obtaining further orders from this Court. 3. The learned counsel appearing for the 3rd respondent furnished a copy of the agreement executed by the 4th respondent and also the sureties viz., the petitioner and the 5th respondent. Evidently, the agreement would reveal that the 4th respondent has given her consent to the 3rd respondent to effect recovery from the DCRG , GPF, Family Welfare Fund or any other amounts due to her from the first respondent for discharging her liability towards the loan transaction in question. By virtue of the said written consent given by the 4th respondent the 3rd would be able to realise the amount towards the outstanding liability of the 4th respondent as admittedly, the 1st respondent has not yet disbursed the aforementioned benefits to the 4th respondent. In the said circumstances, this writ petition is disposed of as hereunder: WPC.30331/2008 : 3 : It will be open to the 3rd respondent to furnish a statement to the first respondent showing the actual amount outstanding in the loan account of the 4th respondent. On receipt of such a statement the first respondent shall deduct the said amount from the benefits payable to the 4th respondent in the light of the agreement mentioned above and remit it towards the loan account of the 4th respondent. In view of the said directions the first respondent shall discontinue the deduction of salary of the petitioner, for the purpose of discharging the liability of the 4th respondent, forthwith. It will be open to the 5th respondent to approach the first respondent for getting the benefits due to him. It is also made clear that it will be open to the petitioner and also the 5th respondent to resort to appropriate proceedings for releasing the amount already recovered from them by the first respondent for the purpose of discharging liability of the 4th respondent towards the 3rd respondent, from the 4th respondent. Writ petition is disposed of as above. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge