IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WA.No. 299 of 2007() -------------------- (AGAINST THE JUDGEMENT/ORDER IN RP.433/2006 IN W.P.(C) 22113/2005) APPELLANT(S): -------------- THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., HEAD OFFICE, THRISSUR. BY ADV. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. SRI.M.L.SAJEEVAN, SC, KSFE LTD. RESPONDENT(S): PETITIONER/RESPONDENTS 1 TO 5 --------------------------------------------- 1. YESUDASAN S., S/O. SIMON, LOWER PRIMARY SCHOOL ASSISTANT, (RTD. FROM ST.MARY'S L.P.S., SASTHAMKOTTA), RESIDING AT PONNANICAL HOUSE, PADAPPAKARA, KOLLAM DISTRICT. 2. THE HEAD MASTER, ST.MARY'S LOWER PRIMARY SCHOOL, SASTHAMKOTTA, KOLLAM. 3. ASSISTANT EDUCATIONAL OFFICER, SASTHAMKOTTA, KOLLAM. 4. DEPUTY DIRECTOR (EDUCATION), KOLLAM. 5. THE SUB TREASURY OFFICER, SASTHAMKOTTA, KOLLAM. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.M.V.THAMBAN R3 TO R6 GOVERNMENT PLEADER R2 BY ADV. SRI.AKEX MATHEW THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... Writ Appeal No.299 of 2007 .................................................................... Dated this the 14th day of December, 2009. JUDGMENT Ramachandran Nair, J. The question raised in the appeal filed by KSFE is whether Death Cum Retirement Gratuity could be attached in Garnishee proceedings initiated for recovery of arrears due from the defaulter employee. Counsel appearing for the first respondent submitted that the first respondent is released the entire gratuity amount by the Treasury Officer pursuant to the judgment because there was no interim order granting stay. If gratuity is released to the first respondent, then of course matter has become infructuous. If it is not released, then the appellant can move this court in a Review. Writ Appeal is therefore dismissed as infructuous. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms