IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 8875 of 2008(F) ------------------------- PETITIONER: ------------ JEEVANKUMAR, S/O.MATHUKRISHNA PILLAI, AGED 54 YEARS, BSNL QUARTERS, IRINGOLE P.O., PATTAL, PERUMBAVOOR. BY ADV. SRI.R.DIVAKARAN RESPONDENTS: ------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY THE MANGER, CHERANELLOOR BRANCH, ERNAKULAM. 2. SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA STATE FINANCIAL ENTERPRISES LTD., KACHERIPADY, KOCHI-18. 3. SENIOR ACCOUNTS OFFICER (P & A), OFFICE OF THE PGMT, BSNL OFFICE,ERNAKULAM,KOCHI-16 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL SRI.M.L.SAJEEVAN, SC, KSFE LTD. SRI.T.NAVEEN, SC, K.S.F.E. LTD. SRI.C.S.RAMANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 8875 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T Petitioner’s grievance is that recovery is continued in garnishee proceedings in excess of the debt amount. However, learned counsel for the KSFE submitted that, BSNL, which is the petitioner’s employer, discontinued recovery without recovering interest. The employer is not entitled to release the petitioner from liability. However, petitioner is given an opportunity to settle liability under OTS scheme. KSFE is directed to give a statement of balance liability to the petitioner after granting OTS benefit, which should involve a minimum of waiver of full penal and default interest. A statement in this regard shall be given to the petitioner within a period of two weeks from the date of production of a copy of this judgment. Petitioner is granted time till 30/04/2008 to make payment. In view of the above direction, there is no need to recover further amount from petitioner’s salary. However, if petitioner does not settle liability as above, recovery in terms of the demand of KSFE will be continued by BSNL in that event. However, petitioner shall be given a statement of balance liability. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg