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2007 Supreme(Ker) 65

K.M.JOSEPH
Philomina Francis Retired Govt. L. P. S. Headmistress Meppadi Wyanadu – Appellant
Versus
The Accountant General of Kerala, Accountant General Office, Trivandrum – Respondent


Judgment :-

Case of petitioner, in brief, is as follows:

Petitioner is a retired Govt. L.P. School Headmistress. She retired on 31.3.2005. She had availed a term loan from State Bank of Travancore, Kalpatta Branch. The loan amount obtained was Rs.90,000/= in the year 2003 and the amount was being remitted in the loan account. It is stated that there happened difficulty in repayment of the loan due to financial difficulties. It is stated that the petitioner has to pay off the liabilities of State Bank of Travancore. The amount is demanded. The total DCRG amount of petitioner is Rs.1,05,000/=. According to her, respondents 1 & 2 have no authority to recover any amount from the DCRG due to petitioner towards the Bank’s liability. Second respondent has fixed the liability of petitioner as Rs.87,273/= + 2,550/= Rs.89,823/= vide Ext.P2. Exts.P1 and P2 are challenged and the prayer sought for is to order that petitioner is entitled to get her DCRG amount unaffected of her liability with the third respondent Bank.

2. The second respondent has filed a Counter Affidavit, wherein it is, inter alia, stated as follows:

The Manager of the State Bank of Travancore had requested to recover the outsta














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