IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 21993 of 2008(R) --------------------------------------- PETITIONER(S): -------------------------- K.K.NARAYANAN, ORUPARAYIL, MITHRANKIRI P.O., ALAPPUZHA DISTRICT. BY ADVS. MR.J.DEVADANAM MR.PRAMOD J.DEV RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WATER TRANSPORTS, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF WATER TRANSPORTS, ALAPPUZHA. 3. THE KERALA STATE FINANCIAL ENTERPRISES LTD., THIRUVALLA BRANCH, THIRUVALLA. 4. PRABHESH KUTTAN, KOCHUPARAMBIL HOUSE, MUTTAR VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT. 5. V.K.THANKAPPAN, KOCHUPARAMBIL HOUSE, MUTTAR VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT. BY ADVS.MR.E.K.NANDAKUMAR FOR R3 MR.A.K.JAYASANKAR NAMBIAR FOR R3 MR.K.JOHN MATHAI FOR R3 MR.P.BENNY THOMAS FOR R3 MR.ANIL D. NAIR FOR R3 MR.A.JAYASANKAR FOR R4-5 MR.MANU GOVIND FOR R4-5 MR.PRAMOD DAS LOHYA FOR R4-5 MR. M.L.SAJEEVAN, SC. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 21993/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE AGREEMENT DT. 28.8.98 EXECUTED BY RESPONDENTS 4 &5 IN FAVOUR OF THE PETITIONER. P2:- COPY OF THE REPRESENTATION DT. 27.6.08 SUBMITTED BY PETITIONER BEFORE THE HONOURABLE MINISTER FOR KERALA STATE WATER TRANSPORT. TRUE COPY P.A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21993/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2009 J U D G M E N T The petitioner retired from service on 30/06/2007 while working as Checking Inspector under the second respondent. Seeking for the disbursement of the retirement benefits he has filed this writ petition. The petitioner was a surety to a loan transaction granted to the fourth respondent by the third respondent, Kerala State Financial Enterprises Ltd.. The amount by way of gratuity etc. are being withheld in the light of the requisition made by the K.S.F.E. Ltd. with the second respondent. 2. Heard the learned Standing Counsel for the third respondent. It is submitted that the agreement executed by the petitioners does not envisage recovery from the retirement benefits due and the only permitted recovery was from the salary due. Therefore, in the absence of any agreement, the retirement benefits due to the petitioner cannot be adjusted based on a request made by the respondents. It is declared so. Hence, the writ petition is allowed. There will be a direction to the first and second respondents to take steps to sanction and disburse the retirement benefits due to the petitioner within three months from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms