IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 29256 of 2008(G) -------------------------- PETITIONER(S): --------------- K.CHANDRAN HINDU, AGED 56 YEARS, RESIDING AT LEKSHMI NIVAS, THANNIMOODU, THANNIMOODU P.O., THIRUVANANTHAPURAM DIST, PIN 695 123. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY ,P.H.DIVISION PATHANAMTHITTA. 4. THE ACCOUNTS OFFICER (FUNDS) KERALA WATER AUTHORITY ,THIRUVANANTHAPURAM. 5. KERALA STATE FINANCIAL ENTERPRISES LTD KESAVADASAPURAM BRANCH, THIRUVANANTHAPURAM. 6. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY)KERALA STATE FINANCIAL ENTERPRISES LTD SILVER JUBILEE BUILDINGS, STATUE, THIRUVANANTHAPURAM. 7. K.BHARATHKUMAR, JUNIOR SUPERINTENDENT KERALA WATER AUTHORITY, PATHANAMTHITTA WPC.29256/08 8. SMT. SHEENA KUMARI W/O. K.BHARATHKUMAR, JUNIOR SUPERINTENDENT KERALA WATER AUTHORITY, PATHANAMTHITTA ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R5, 6 SRI.C.UNNIKRISHNAN, SC, KWA FOR R2 TO 4 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.2925629256/08 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF REQUEST LETTER DT 25.4.06. P2 COPY OF LETTER DT 11.12.07. P3 COPY OF REPRESENTATION DT 15.12.07. P4 COPY OF GRATUITY PAYMENT ORDER DT 23.4.08. P5 COPY OF LETTER DT 30.4.08. P6 COPY OF PROHIBITORY ORDER DT 16.5.08. P7 COPY OF ORDER DT 16.5.08. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 29256 OF 2008 G ```````````````````````````````````````````````````` Dated this the 3rd day of March, 2009 J U D G M E N T Petitioner retired as Junior Engineer on 31.5.2007 from Kerala Water Authority. While working as Draftsman, he stood as surety for a loan availed by the 8th respondent along with the 7th respondent. The 7th respondent is the husband of the 8th respondent. The prayer in the writ petition is to call for the records in connection with Ext.P4 and quash the statement regarding recovery of the loan amount. A direction is sought to respondents 2 to 6 to disburse the DCRG and other pensionary benefits to the petitioner. Further direction is sought to recover the entire dues from the 7th respondent and the assets of respondents 7 and 8. Interest is also sought for the DCRG. 2. I heard learned counsel for the petitioner, learned counsel for the Kerala Water Authority, learned counsel for the KSFE and learned Government Pleader. There is no appearance for respondents 7 and 8. Admittedly, on the basis of the request made by the petitioner, the DCRG is not paid. The amount of WPC.29256/08 : 2 : DCRG is Rs.2,14,065/-. Learned counsel appearing on behalf of the KSFE, from which the loan is availed by the 8th respondent, submits that if an amount of Rs.71,329/- is paid, the loan can be treated as closed as this is the amount payable under the OTS scheme. Learned counsel for the petitioner would submit that the amount of DCRG may be disbursed to the petitioner after retaining and paying over to the KSFE the amount of Rs.71,329/-. He further submits that he may be left free to proceed against the 7th respondent. 3. Having heard the parties, writ petition is disposed of as follows. There will be a direction to respondents 2 to 4 to pay over to the 6th respondent an amount of Rs.71,329/- within one week from the date of receipt of a copy of this judgment. There will be a further direction to respondents 2 to 4 to disburse to the petitioner the amount remaining due under the DCRG within two weeks from the date of receipt of a copy of this judgment. In view of the submission of the learned counsel for the 5th respondent, upon receipt of Rs.71,329/-, the account will be treated as closed. I WPC.29256/08 : 3 : make it clear that it will be without prejudice to the right of the petitioner to seek such redressal as is available in law against the 7th respondent. (K.M.JOSEPH, JUDGE) aks