IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 35140 of 2005(G) -------------------------- PETITIONER(S): --------------- K.K. BHASKARAN, S/O. KUTTAPPAN, AGED 55 YEARS, KIZHAKKEKOVIL HOUSE, PARAMBATH LAKSHAM VEEDU COLONY, EDATTU P.O., PAYYANNUR. (RETIRED FIREMAN, FROM FIRE STATION, PAYYANNUR) BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KOZHIKODE. 2. THE ASST. DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, KANNUR. 3. THE TAHSILDAR, THALIPARAMBA, KANNUR DISTRICT. 4. THE REGIONAL MANAGER, KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTE AND SCHEDULED TRIBES LTD., REGIONAL OFFICE, KANNUR. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R4 MR.P.NANDAKUMAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35140/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PROCEEDINGS DATED 12/05/2005 OF ACCOUNTANT GENERAL OF KERALA. P2 : COPY OF LETTER ISSUED BY R4 TO THE DISBURSING OFFICER DATED 09/11/1998. P3 : COPY OF CERTIFICATE ISSUED BY DR.M.GEORGE ERALY TO THE PETITIONER. P4 : COPY OF ORDER ATED 11/08/2003 IN CMP NO.20940/2003 IN OP NO.12240/2003 OF THIS HON'BLE COURT. P5 : COPY OF LETTER DATED 16/11/2005 ISSUED BY R1 TO R2. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35140 of 2005 (G) --------------------------------- Dated, this the 17th day of December, 2009 J U D G M E N T The petitioner was a leading Fireman in the Fires Force Department. He has retired from service on 30/06/2005. In this writ petition he is seeking release of DCRG that is due to him. It is stated that when he approached the authorities, he has been issued Ext.P5 stating that as he was a surety to a loan availed of by one Mr.Balan and that amount is due to the 4th respondent for which recovery proceedings were initiated, they were not in a position to release the DCRG. It is this order which under challenge. 2. The contention of the petitioner is that he had produced only an employment certificate agreeing to recover amount, if any due to the 4th respondent from his salary and therefore, in the absence of any consent from him authorising recovery from the DCRG, recovery cannot be effected. 3. In paragraph 4 of the counter affidavit filed by the 4th respondent, the 4th respondent also confirmed that at the time when WP(C) No.35140/2005 -2- the petitioner offered himself as a surety he had produced only an employment certificate undertaking to repay the amount out of his monthly salary, if the principal borrower defaulted the loan amount. 4. From this it is obvious that recovery authorised is only from the salary that is due to the petitioner and if so, there is no consent authorising recovery from the DCRG. Consequently, there cannot be any recovery from the DCRG and the petitioner is entitled to get the DCRG released. Therefore, this writ petition is disposed of quashing Ext.P5 and directing that respondents 1 & 2 shall disburse the DCRG due to the petitioner, unless any amount is due to be recovered from him, on the production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg