IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11770 of 2009(M)
1. A.M.JOSEPH,AGED 49,S/O.MICHAEL,
... Petitioner
Vs
1. DIRECTOR OF POSTAL ACCOUNTS,
... Respondent
2. SUPERINTENDENT OF POST OFFICES,
3. POST MASTER,HEAD POST OFFICE,
4. P.J.PATHROSE,POONTHRASSERY,
5. BRANCH MANAGER,
6. DISTRICT TRANSPORT OFFICER,
For Petitioner :SRI.P.JAYAKUMAR
For Respondent :SRI.A.D.RAVENDRA PRASAD, CGC
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/08/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 11770 OF 2009 (M)
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Dated this the 7th day of August, 2009
J U D G M E N T
The 4th respondent, an employee working under the Head
Post Office, Alappuzha had availed of a loan of Rs.50,000/- from
the 5th respondent Bank, sometime in the year 1999. Petitioner,
who is said to be a relative of the 4th respondent is a surety to
the loan. Default was committed by the 4th respondent and
according to the petitioner, at the instance of the 5th respondent,
an amount of Rs.41,500/- was already recovered from his salary.
2. On 31/5/2009, the 4th respondent was to retire from
service, and on the eve of his retirement, this writ petition was
filed contending that the outstanding liability of the 4th
respondent, if any, should be directed to be recovered from the
terminal benefits that are due to be disbursed to him.
3. Considering the factual averments made in this writ
petition, this Court also passed order dated 7/4/2009 directing
that the retiral benefits of the 4th respondent shall not be
disbursed and the said order continues to be in force.
4. On behalf of the 5th respondent-Bank, it is submitted
WPC 11770/09
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that as on 31st of July, 2009, an amount of Rs.97,728/- is still
remaining to be recovered. Counsel for the petitioner only says
that after appropriating the required amount to discharge the
liability, the balance amount shall be released to him.
5. Taking into account the fact that the liability of the 4th
respondent is still remaining to be discharged to the Bank and
that the defaulter’s terminal benefits are available for
disbursement, it is only appropriate that directions are issued to
respondents 1 to 3 and the 5th respondent to recover the required
amount, to discharge the liability of the 4th respondent, from the
terminal benefits that are are due to him, especially considering
the fact that substantial amounts was already recovered from the
salary of the petitioner.
6. Accordingly, the writ petition is disposed of with the
following directions.
(1) That the 5th respondent shall within two weeks from
the date of receipt of a copy of this judgment, request
respondents 1 to 3 to pay over to them the amount required to
discharge the 4th respondent’s liability to it.
(2) It is directed that on receipt of the requisition as above,
WPC 11770/09
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if sufficient funds are available, respondents 1 to 3 shall pay the
required amount to the 5th respondent, and if the amount
available is insufficient to pay the full amount demanded, the
available amount shall be paid.
(3) If after making payment as above, further amounts
towards the terminal benefits of the 4th respondent are available,
respondents 1 to 3 shall release the same to the 4th respondent
immediately thereafter.
(4) If the payment made by respondents 1 to 3 is
insufficient to discharge the liability of the 4th respondent, it will
be open to the 5th respondent to effect recovery of the balance
amount from the sureties in the manner as it deems fit.
ANTONY DOMINIC, JUDGE
Rp