IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 OP.No. 18499 of 2001(B) ----------------------- PETITIONER: ------------ ANITHA.K., AGED 50 YEARS, W/O.LATE CHANDRASEKHARAN, ERAVIL, PILLICODE P.O., KASARGOD DIST. BY ADV. SRI.M.SASINDRAN SRI.BEPIN VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, (MANAGING DIRECTOR, KERALA SCHOOL TEACHERS AND NON TEACHING STAFF WELFARE CORPORATION LTD.), OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. THE SECRETARY-CUM-TREASURER, KERALA SCHOOL TEACHERS AND NON TEACHING STAFF WELFARE CORPORATION LTD., OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTION, TRIVANDRUM. 4. THE HEADMASTER, TAGORE MEMORIAL HIGH SCHOOL, P.O.VELLORA, KANNUR DIST. 5. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. R1,2&5 BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.29799/2001 IN OP NO.18499/2001 DISMISSED: 1.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LETTER DT.8.6.2000 ISSUED BY THE HEADMASTER, TAGORE MEMORIAL HIGH SCHOOL AT VELLORA. P2: TRUE TRUE COPY OF LETTER DT.29.4.2000 ISSUED BY R3 TO R4. P3: TRUE COPY OF ORDER DT.5.8.2000 ISSUED BY R3 TO THE PETITIONER. P4: TRUE COPY OF GO DT.17.6.1997. P5: TRUE COPY OF GO DT.27.10.1999. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.18499 of 2001 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT Petitioner's husband availed loan from third respondent for construction of a house. Petitioner's case is that borrower namely, her husband is no more and Government Orders entitle them for waiver of the loan. However, Government Pleader submitted that waiver does not apply to case of loan availed by an aided school teacher from the third respondent. In the circumstances, O.P. is devoid of any merit and is dismissed. However, there will be direction to the third respondent to grant incentives in the form of waiver of penal and default interest, if petitioner makes payment within a reasonable time. C.N.RAMACHANDRAN NAIR Judge pms