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2021 Supreme(Ker) 910

RAJA VIJAYARAGHAVAN V.
Jayachandran G. S. , S/o. George – Appellant
Versus
Principal Secretary, General Education Department Secretariat – Respondent


Advocates Appeared:
For the Petitioner: R.T. Pradeep, Smt. M. Bindudas, Sri. K.C. Harish.
For the Respondents: Sri. Sebastian Joseph (Kurisummoottil), Shri. Salil Narayanan K.A., SC, KSFE Ltd., Sri. Bijoy Chandran, SR.GP.

JUDGMENT :

The petitioner, while being employed as High School Assistant (SS) at St. John Higher Secondary School, retired from service on 30.4.2020. The Death Cum Retirement Gratuity (DCRG) of Rs.13,60,260/- due to the petitioner, sanctioned as per Ext.P1, has been withheld on account of Exhibit P5 Non-Liability Certificate issued by the Head Master of the School. It is mentioned in Exhibit P5 that liability to the tune of Rs.3,48,562/-stands outstanding in the name of the petitioner in view of a prohibitory order issued by the KSFE. This has led the petitioner to approach this Court with this Writ Petition.

2. The petitioner contends that the 7th respondent is a distant relative of the petitioner. While the petitioner and his wife were in service, they stood as sureties to various chitty loans availed by the 7th respondent from the KSFE, the 5th respondent. At the time of standing as a surety, an employment certificate signed by the petitioner and attested by the Headmaster of the School, who is the drawing officer, was presented before the 5th respondent. The undertaking so

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