J U D G M E N T

The petitioner retired from service as Assistant Teacher from the A.U.P.School, Kulappully. Gong by Ext.P1, retirement benefits have been sanctioned to him. The D.C.R.G amount has not been disbursed so far which has prompted the petitioner to file this writ petition. After the retirement of the petitioner, he was issued with Exts.P2 and P3 by the Headmaster of the School and the Assistant Educational Officer with regard to some personal loans availed by him. By Ext.P4, he replied that he has not executed any consent to recover any loan amount from the D.C.R.G payable to him.

2. The petitioner has got a case that he had taken personal loans from different banks by offering securities but, he has not given any written consent for recovering any of those amounts from the D.C.R.G to any of those creditors. He is relying upon the decision of this Court inSurendran v.Mavelikara Primary Co-op. Agrl.& R.D.Bank Ltd. [2005 (4) KLT 619], a copy of which is produced as Ext.P5, wherein the matter was disposed of taking a view that unless there is written consent by a Government employee for effecting recovery from D.C.R.G., no such recovery can be effected.

3. In the counter affida