Sambu Emrandiri P vs The State Of Kerala
2021 Latest Caselaw 3699 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        WP(C).No.11883 OF 2012


PETITIONER:

               SAMBU EMRANDIRI P.
               AGED 50 YEARS
               PUTHUMANA HOUSE, CHERUKARA,
               KOTTAYAD, WAYANAD-670 731.

               BY ADV. SRI.S.M.PRASANTH

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
               GENERAL EDUCATION, SECRETRIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE ACCOUNTANT GENERAL
               OFFICE OF THE ACCOUNTANT GENERAL (A & E),
               M.G.ROAD, P.B.NO.5607,
               THIRUVANANTHAPURAM-695 039.

      3        THE KERALA STATE FINANCIAL ENTERPRISES LTD
               REPRESENTED BY ITS MANAGER, KALPETTA BRANCH,
               WAYANAD DISTRICT-670 124.

      4        THE SPECIAL DEPUTY TAHSILDAR (RR)
               OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR),
               KERALA STATE FINANCIAL ENTERPRISES LTD,
               ARADHANA, KAMALAS BUILDING,
               KALLAI ROAD, KOZHIKODE-673 002.

               R1 BY GOVERNMENT PLEADER
               R1 BY ADV. SRI.P.V.LONACHAN
               BY SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11883 OF 2012                2

                            JUDGMENT

The petitioner is stated to be the

brother and the sole legal heir of

P.Iswaran, who is now no more; and he has

approached this Court seeking that the

amounts eligible to his brother towards

gratuity, which is evident through Ext.P1,

be directed to be disbursed to him at the

earliest.

2. The petitioner says that even though

he had approached the competent Authorities

for disbursement, it has not been granted

yet and that this is presumably because the

Deputy Tahsildar (RR), attached to the

Office of the 3rd Respondent - Kerala State

Financial Enterprises Ltd., has issued

Ext.P2 notice to the Headmaster of the

School, where his brother had earlier

worked, to the effect that there are certain

liabilities against him.

3. The petitioner says that, as is

manifest from Ext.P2, the Special Deputy

Tahasildar has informed the Headmaster that

his brother had availed of certain loans

from the KSFE but that he had defaulted the

same and that, revenue recovery action has

been initiated for the same. The petitioner

says that even if this is true, no amounts

can be recovered from the DCRG, unless his

brother had given the consent in writing,

which he asserts was not done. The

petitioner, therefore, prays that the

respondents be directed to issue him the

eligible DCRG, as ordered through Ext.P1, at

the earliest.

4. The learned Senior Government

Pleader - Sri.P.M.Manoj, in response,

submitted that a counter affidavit has been

filed on behalf of the 2nd respondent,

wherein the following have been stated:-

"2.Petitioner's brother Sri.P.Eswaran expired on 27.02.2010 while working as UPSA in AUP School, Vellamunda, Wayanad. Aggrieved by non disbursement of DCRG sanctioned to Shri.Sambu Embrandirir.P brother of the deceased employee, this Writ Petition has been field.

3. With regard to paras 1 to 3, it is

submitted that on receipt of sanction from the Pension Sanctioning Authority based on the nomination, the DCRG of Rs.3,30,000/- in respect of Sri. P.Eswaran was authorised to sri.Sambu Embradiri, brother of the deceased employee vide GPO NO.121059817 dated 05.08.2010 to the Sub Treasury, Dwaraka with copy to the claimant in his residential address. The DCRG was authorised subject to production of Non- Liability certificate at Treasury.

4. As per Rule 124 of KSR Part III, no pension and no money due or to become due on account of any such pension or allowance shall be liable to seizure, attachment or sequestration by process of any court in India at the instance of a creditor for any demands against the pensioner, or in satisfaction of a decree or order of any such court. As per Ruling under Rule 124 KSRs Part III, DCRG is not attachable by a court of law. As per Ruling No.1 under Rule 3 of KSRs, Part III amount due from Government employee or pensioner to Government companies, Local Bodies, Co-operative etc., though not treated as Government dues may be recovered from DCRG payable to him only with his consent in writing."

5. The learned Senior Government

Pleader submitted that, therefore, if the

petitioner approaches the competent Treasury

Officer, amounts as per Ext.P1 can be

released, provided there are no interdictory

orders issued by any other competent

Authority or Court in the meanwhile.

            6.     When        I       consider           the      afore


       submissions       and      go     through       the    pleadings

available on record, it is clear that the

petitioner had approached this Court through

this writ petition, as early as in the year

2012, under the apprehension that the

amounts covered by Ext.P1 will not be

disbursed to him on account of the notice

issued by the Special Deputy Tahasildar to

the Headmaster of the School.

7. However, the counter affidavit

filed by the 2nd respondent shows that there

are no interdictory orders against payment

of the DCRG by any of the official

Authorities, particularly because it could

have been adjusted against the liability of

Sri.Iswaran, if any, only had he given a

consent in writing. In the absence of any

information as to whether there was any such

consent, I fail to understand why the

petitioner should have approached this

Court, since he could have gone to the

office of the concerned Treasury Officer to

obtain the benefit of Ext.P1.

In afore circumstances, I order this

Writ Petition and leave liberty to

petitioner to approach the competent

Treasury Officer, who shall thereupon

consider his claim for disbursement of the

amounts covered by Ext.P1 and release the

same to him, if there are no other

interdictory orders against it from a

competent Court or through a competent

procedure, subject to him producing all

relevant and necessary documents to

establish that he is the legal heir of Late

P.Iswaran, entitled to receive the said

amounts in law.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/4.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE GP(O) NO.121059817 DATED 05.08.2010 ISSUED BY R2

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE HEADMASTER OF THE AUP SCHOOL, VELLAMUNDA, WAYANAD DISTRICT