J U D G M E N T

Petitioner's deceased father Sri.Kunjumon P.M was a Conductor in the Kerala State Road Transport Corporation. He had availed of two loans for an amount of `12,815 and `4005 from the 3rd respondent. According to the petitioner, before the liability could be discharged in full, his father expired. Subsequently extending the petitioner the benefit of dying in harness scheme, he was appointed in the KSRTC as a Conductor in March, 2006. Now recovery proceedings are initiated against the petitioner for realising his father's liability. It is challenging the said recovery proceedings, the writ petition is filed.

2. Standing counsel appearing for respondents 1 and 2 on instruction confirms that the petitioner does not have any liability to them and that what is sought to be recovered by issuance of Ext.P1 and Exts.P2 to P4 prohibitory orders is the liability of his deceased father.

3. The liability of a deceased can be recovered from his legal representatives to the extent the legal representatives have WPC No.950/12 :2 :

inherited the estate of the deceased. An employment secured by a dependent son under the dying in harness scheme of the employer cannot be said to be an estat