IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 27886 of 2009(E) -------------------------- PETITIONER(S): -------------------- A.V.THOMAS, S/O. VARKEY, LOWER DIVISION CLERK(RETD.), OFFICE OF THE SC/ST SOCIAL WELFARE DEPARTMENT, BALUSSERY, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, SC/ST SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SCHEDULED CASTE DEVELOPMENT OFFICER, OFFICE OF SC/ST SOCIAL WELFARE DEPARTMENT, BALUSSERI, KOZHIKODE. 3. KERALA STATE FINANCIAL ENTERPRISES LTD., REP. BY MANAGING DIRECTOR, TRICHUR. 4. SPECIAL DEPUTY TAHSILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LTD.,KOZHIKODE. 5. BYJU M.T., S/O. CHANDRAN NAIR T., VISHNU KRIPA, CHEVAYOOR, CHEVARAMBALAM, KOZHIKODE. ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R3 & 4 GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27886 OF 2009 (E) ===================== Dated this the 21st day of October, 2009 J U D G M E N T Petitioner retired from service as LDC on 31/5/2008. He was a surety for two loans availed of by the 5th respondent from the Kerala State Financial Enterprises. It would appear that default was committed and as a result of which recovery proceedings were initiated against him. Although that was challenged before this Court in WP(C) No.14721/07, that writ petition was subsequently closed taking into account the petitioner's superannuation. 2. As at present, going by Ext.P4 letter of the 4th respondent, the liability that is outstanding to them is Rs.81,000/-. Because of this liability, non liability certificate has not been issued by the 2nd respondent, as a result of which, terminal benefits have not been released and even provisional pension has not been paid. It is in these circumstances the writ petition has been filed. 3. Even going by Ext.P4 communication issued by the 4th respondent, the liability is of Rs.81,000/-. If sufficient amount is WPC 27886/09 :2 : withheld to discharge the liability, there should not be any problem in releasing the balance amount that is due to the petitioner. This can be done by the 2nd respondent by issuing appropriate liability certificate/NLC. It is directed that once the certificate is issued as above, withholding sufficient amount, balance amount outstanding to the petitioner will be released. 4. Yet another grievance of the petitioner is that he was not even paid provisional pension. Once the liability is settled as above, steps will be taken for releasing the other benefits also. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp