IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 28862 of 2008(J) -------------------------- PETITIONER: --------------- JOHN J, JOSHUA BHAVAN, CHERUVALLOOR.PO, KANYAKUMARI DISTRICT. BY ADV. MR. P.SREEKUMAR MR. K.S.MANU (PUNUKKONNOOR) RESPONDENTS: --------------- 1. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY MR. K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 28862 of 2008 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th day of July, 2010 JUDGMENT The petitioner who was working as a selection grade Lecturer in St. Jude's College, Thoothoor, Kanyakumari District, Tamil Nadu had availed two term loans from the respondent Bank on the strength of the security created over the property in question. But, the repayments could not be effected on time, because of various reasons INCLUDING serious illness and treatment undergone by the petitioner, as borne by Exts. P3 and P4, and he had to apply for 'VRS' and was discharged from the service accordingly on 30.9.2005. In spite of the discharge as above, the retirement benefits due to the petitioner were not disbursed, allegedly because of some technical reasons as borne by Ext. P1. It is stated that, the pensionary benefits have now been sanctioned by the authorities concerned and it is expected to be obtained within a couple months. The petitioner is before this Court, seeking for some breathing time to enable the petitioner to obtain the above benefits and to have cleared the dues to the respondent Bank. 2. When the matter came up for consideration before this Court on 20.10.2008, the coercive proceedings were intercepted for a period of six weeks, on condition that, the petitioner satisfied a sum of Rs. 1 W.P. (C) No. 28862 of 2010 : 2 : lakh, which is stated as complied with. In the course of subsequent events, the petitioner made available a copy of the letter dated 24.5.2010 (Original of which has been placed for consideration before the respondent Bank) issued by the Principal/Secretary of the concerned college where the petitioner was working, making it clear that, the hurdle on the way of sanctioning and disbursing the penesionary benefits has been crossed and that the said authority does not have any objection to have the amount accounted against the liability of the petitioner with the respondent Bank under the loan account No. 532366. It is also made a mention in the said letter that, the recovery from the salary of the petitioner was being remitted by the said authorities in respect of the concerned installments to the Bank and that further recovery could not be made, only pursuant to retirement on 'VRS' and the disbursement of the VRS benefits to the petitioner. 3. The respondents have filed a statement pointing out the actual facts and figures including the fact that, as on 21.7.2010, a total sum of Rs.7,19,175/- is due with further interest so as to settle the liability under the loans. The genuineness of the submission made from the part of the petitioner and the doubt as to the quantum of amount obtainable by the petitioner towards the retirement benefits on VRS are W.P. (C) No. 28862 of 2010 : 3 : also expressed in the said statement. The learned counsel for the petitioner submits that, even as per the pre-revised salary of the petitioner, VRS benefits including DCRG will come around Rs. 5.25 lakhs and that the due amount as per the revised pay will come around to Rs. 9 lakhs; simultaneously adding that the amount obtainable to the petitioner would be caused to be paid directly towards the loan account of the petitioner with the respondent bank, to the extent it is necessary to satisfy the entire liability and only the balance will be accepted by the petitioner. The limited request of the petitioner is to provide three months' time to finalize the proceedings in this regard, which is found as quite reasonable. 4. In the above facts and circumstances, the coercive proceedings stated as being pursued against the petitioner shall be kept in abeyance for a period of three months. The petitioner shall cause to effect the liability due to the Bank cleared by crediting the retirement benefits directly to the Bank to the extent which is necessary to clear liability and only the balance, if any, shall be received by the petitioner. 5. It is made clear that, if any default is there, the respondents are at liberty to proceed against the property in question, from the stage where it stands now. Since the College Authories are not made a party W.P. (C) No. 28862 of 2010 : 4 : to the proceedings, the respondent Bank is permitted to forward a copy of the judgment to the Secretary, St. Jude's College, Thoothoor 629 176, Kanyakumari District, Tamil Nadu in response to their letter dated 24.5.2010. It is also made clear that this judgment will not stand in the way of the petitioner to approach the Bank to extend some or other concession/allowances in view of his serious ailments and treatment expenses and it will be open for the Bank to consider the same and extend the relief, if any, to the permissible extent. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd