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2014 Supreme(Ker) 842

C.K.ABDUL REHIM
Unnikrishnan Nair K. B. – Appellant
Versus
Kerala State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :D. Sajeev, Advocate
For the Respondent:Babu Varghese Senior Advocate, Babu Joseph Kuruvathazha and Johnson T. John, M.A. Abdul Shukoor, Government Pleader

JUDGMENT :

C.K. Abdul Rehim, J.

The petitioner, a retired employee of the 1st Corporation, is seeking declaration with respect to his entitlement for getting payment of the gratuity amounts due to him along with interest, without any deduction/recovery in view of the decision of this Court in Kunjumohammed V.A. v. KSFE Ltd. and Others, 2009 (4) KHC 185 : 2010 (1) KLT SN 70. A consequential relief by way of direction for effecting the payment is also sought for. While in service, the petitioner along with a co-worker stood as surety for a loan availed by one Sri. Rajendran Nair from 2nd respondent. Consequent to default committed by the loanee in repayment, certain amounts were recovered from the salary of the petitioner. The 3rd respondent initiated revenue recovery steps and Ext. P2 notice was served on the petitioner. The petitioner approached the 'Lok Ayukta' challenging the recovery steps, mainly raising a contention that the steps were initiated only against him, despite the fact the co-surety is still in service. The 'Lok Ayukta' passed Ext. P3 interim direction restraining the 1st respondent from making any deduction from the amount of pensionary benefits due to the petitioner



















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