IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 11770 of 2009(M) -------------------------- PETITIONER(S): ------------------ A.M.JOSEPH,AGED 49,S/O.MICHAEL, ARACKAL HOUSE,ASOKAPURAM P.O., ALUVA.(U.D.CLERK,DISTRICT TRANSPORT OFFICE,K.S.R.T.C.,ALUVA). BY ADV. SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENT(S): ------------------- 1. DIRECTOR OF POSTAL ACCOUNTS, G.P.O.COMPLEX,THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POST OFFICES, ALLEPPEY DIVISION,ALLEPPEY-12. 3. POST MASTER,HEAD POST OFFICE, ALLEPPEY. 4. P.J.PATHROSE,POONTHRASSERY, PUNNAPRA P.O.,ALLEPPEY, POSTAL ASSISTANT,HEAD POST OFFICE, ALLEPPEY. 5. BRANCH MANAGER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., MAIN BRANCH,ALLEPPEY. 6. DISTRICT TRANSPORT OFFICER, K.S.R.T.C.,ALUVA. ADV. SRI.A.D.RAVENDRA PRASAD, CGC FOR R1-3 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R6 SRI.MATHEW JAMES FOR R4 SRI.P.K.VIJAYAMOHAN, SC FOR R5 SRI.JOHNSON P.JOHN, SC, KSRTC SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11770/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE DEMAND NOTICE BY THE 5TH RESPONDENT. EXT.P2: PHOTOCOPY OF THE CERTIFICATE SHOWING THE RECOVERY OF SALARY OF THE PETITIONER. EXT.P3: PHOTOCOPY OF THE AWARD DT 3.9.05 IN ARC 381 OF 2005. EXT.P4: PHOTOCOPY OF THE REPRESENTATION DT 1.4.2009. EXT.P5: PHOTOCOPY OF THE REPRESENTATION DT 1.4.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 11770 OF 2009 (M) ===================== Dated this the 7th day of August, 2009 J U D G M E N T The 4th respondent, an employee working under the Head Post Office, Alappuzha had availed of a loan of Rs.50,000/- from the 5th respondent Bank, sometime in the year 1999. Petitioner, who is said to be a relative of the 4th respondent is a surety to the loan. Default was committed by the 4th respondent and according to the petitioner, at the instance of the 5th respondent, an amount of Rs.41,500/- was already recovered from his salary. 2. On 31/5/2009, the 4th respondent was to retire from service, and on the eve of his retirement, this writ petition was filed contending that the outstanding liability of the 4th respondent, if any, should be directed to be recovered from the terminal benefits that are due to be disbursed to him. 3. Considering the factual averments made in this writ petition, this Court also passed order dated 7/4/2009 directing that the retiral benefits of the 4th respondent shall not be disbursed and the said order continues to be in force. 4. On behalf of the 5th respondent-Bank, it is submitted WPC 11770/09 :2 : that as on 31st of July, 2009, an amount of Rs.97,728/- is still remaining to be recovered. Counsel for the petitioner only says that after appropriating the required amount to discharge the liability, the balance amount shall be released to him. 5. Taking into account the fact that the liability of the 4th respondent is still remaining to be discharged to the Bank and that the defaulter's terminal benefits are available for disbursement, it is only appropriate that directions are issued to respondents 1 to 3 and the 5th respondent to recover the required amount, to discharge the liability of the 4th respondent, from the terminal benefits that are are due to him, especially considering the fact that substantial amounts was already recovered from the salary of the petitioner. 6. Accordingly, the writ petition is disposed of with the following directions. (1) That the 5th respondent shall within two weeks from the date of receipt of a copy of this judgment, request respondents 1 to 3 to pay over to them the amount required to discharge the 4th respondent's liability to it. (2) It is directed that on receipt of the requisition as above, WPC 11770/09 :3 : if sufficient funds are available, respondents 1 to 3 shall pay the required amount to the 5th respondent, and if the amount available is insufficient to pay the full amount demanded, the available amount shall be paid. (3) If after making payment as above, further amounts towards the terminal benefits of the 4th respondent are available, respondents 1 to 3 shall release the same to the 4th respondent immediately thereafter. (4) If the payment made by respondents 1 to 3 is insufficient to discharge the liability of the 4th respondent, it will be open to the 5th respondent to effect recovery of the balance amount from the sureties in the manner as it deems fit. ANTONY DOMINIC, JUDGE Rp