IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21993 of 2008(R)
1. K.K.NARAYANAN, ORUPARAYIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR,
3. THE KERALA STATE FINANCIAL ENTERPRISES
4. PRABHESH KUTTAN, KOCHUPARAMBIL HOUSE,
5. V.K.THANKAPPAN, KOCHUPARAMBIL HOUSE,
For Petitioner :SRI.J.DEVADANAM
For Respondent :SRI.E.K.NANDAKUMAR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/03/2009
O R D E R
T.R. Ramachandran Nair, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.21993/2008-R
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 17th day of March, 2009
J U D G M E N T
The petitioner retired from service on 30/06/2007 while
working as Checking Inspector under the second respondent. Seeking for
the disbursement of the retirement benefits he has filed this writ petition.
The petitioner was a surety to a loan transaction granted to the fourth
respondent by the third respondent, Kerala State Financial Enterprises Ltd..
The amount by way of gratuity etc. are being withheld in the light of the
requisition made by the K.S.F.E. Ltd. with the second respondent.
2. Heard the learned Standing Counsel for the third respondent. It
is submitted that the agreement executed by the petitioners does not
envisage recovery from the retirement benefits due and the only permitted
recovery was from the salary due. Therefore, in the absence of any
agreement, the retirement benefits due to the petitioner cannot be adjusted
based on a request made by the respondents. It is declared so. Hence, the
writ petition is allowed. There will be a direction to the first and second
respondents to take steps to sanction and disburse the retirement benefits
due to the petitioner within three months from the date of receipt of the copy
of this judgment. No costs.
(T.R. Ramachandran Nair, Judge.)
ms