IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 28519 of 2004(T) -------------------------- PETITIONER: ------------ LOURDAMMA, D/O. THRESSIA PUSHPAM T.C.14/1952, PLACHER COMPOUND BAKERY JUNCTION, THIRUVANANTHAPURAM. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGER, KSFE LTD., KOTTAYAM II BRANCH, KOTTAYAM. 3. THE DIRECTOR, PRINTING DEPARTMENT GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER NO. 19621/02/E7 DATED 12.11.2003 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXT.P2 STRUE COPY OF THE JUDGMENT IN WPC 2276/2004 EXT.P3 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 30.1.2004 EXT.P4 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10.11.2004 RESPONDENTS' EXHIBITS: EXT.R2(1) TRUE COPY OF THE STATEMENT OF ACCOUSNTS SO FURNISHED DATED 6.10.2004 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.28519 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner is challenging withholding of her late husband's DCRG for the arrears due to KSFE. Defaulter is no more and petitioner's husband was only a guarantor. Counsel for the KSFE submitted that DCRG of another retired employee who was also a guarantor is also withheld. The total liability under OTS scheme is stated to be Rs. 40193/-. In the circumstances W.P. is disposed of directing the employer withholding DCRG of petitioner's husband to release it after paying Rs. 20100/- to the KSFE. Similarly there will be direction to KSFE to lift the attachment in respect of DCRG of the other person on his paying balance Rs. 20100/-. (C.N. RAMACHANDRAN NAIR) Judge kk 2