2025:KER:28683 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 23571 OF 2023 PETITIONER: MADHUSUDHANAN PILLAI, AGED 56 YEARS, (RETIRED LAB ASSISTANT DBHSS, PARUMALA) PADINJARE MAMBUZHA, MANNADY P.O., ADOOR, PATHANAMTHITTA DISTRICT, PIN – 691530. BY ADVS. JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. AMAL AMIR ALI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 REGIONAL DEPUTY DIRECTOR, CHENGANNUR OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CHENGANNUR, ALAPPUZHA DISTRICT - 689121, PIN – 689121. 3 PRINCIPAL, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA, PATHANAMTHITTA DISTRICT – 689626. W.P.(C)No.23571 of 2023 2 2025:KER:28683 4 BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK LTD. (KERALA BANK), CREDIT PROCESSING CENTRE, ADOOR MAIN BRANCH, PATHANAMTHITTA – 691523. 5 JAYASREE P, SHIVASATHYAM, PERINGANADU P.O., ADOOR, PATHANAMTHITTA DISTRICT – 691551. 6 ANIL KUMAR, CHAMPAKAZARIL, MANJALI, THUVAYOOR NORTH P.O., ADOOR, PATHANAMTHITTA DISTRICT – 691551. BY ADVS. GILBERT GEORGE CORREYA RAJESH T.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.23571 of 2023 3 2025:KER:28683 JUDGMENT The petitioner was a guarantor to a credit facility availed by the 5th respondent herein from the 4th respondent Bank. Since, the repayment by the 5th respondent was defaulted, the bank initiated coercive proceedings against the petitioner and at the time of his retirement, the petitioner was not extended his terminal benefits on account of the coercive steps taken by the 4th respondent Bank. 2. It is in such circumstances that the captioned writ petition is filed by the petitioner. 3. I have heard Sri.Joseph P.Alex, the learned counsel for the petitioner as well as Sri.Gilbert George Correya, the learned counsel for the 4th respondent herein. 4. During the pendency of the writ petition, the petitioner has cleared the entire liability payable by the 5th respondent (principal borrower) under an OTS Scheme as evidenced by Ext.P5 communication dated 05.03.2025 produced by the petitioner along with I.A.No.1/2025. W.P.(C)No.23571 of 2023 4 2025:KER:28683 5. On 16.08.2023, this Court had directed the amounts payable to the petitioner to be disbursed, after retaining the amount payable pursuant to Ext.P1. 6. The petitioner admits that the payments as ordered on 16.08.2023 has been received by him and what remains is only the amount retained pursuant to the afore order. 7. I am of the opinion that, in the light of the settlement of the entire arrears payable by the 5th respondent, as evidenced by Ext.P5, the petitioner is entitled for the amount so retained pursuant to the order dated 16.08.2023. Resultantly, this writ petition would stand disposed of, directing the employer – respondents 1 to 3 – to disburse all amounts due to the petitioner, including the amount retained as per order dated 16.08.2023, as expeditiously as possible, at any rate, within a period of six weeks from today. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.23571 of 2023 5 2025:KER:28683 APPENDIX OF WP(C) 23571/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LETTER NO. 390 DATED 01- 02-2023 ISSUED BY 4TH RESPONDENT TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF LETTER NO. 702/C2/2023/RDD/CNGR DATED 01-03-2023 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT Exhibit P3 TRUE COPY OF LETTER NO.24/23-24 DATED 12-06-2023 ISSUED BY 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13-07-2013 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT RESPONDENT EXHIBITS Ext. R4(a) True Copy of agreement dated 18.07.2012 by the petitioner and other sureties Ext. R4(b) True copy of the employment certificate furnished by the petitioner submitted to the Bank, for sanctioning and disbursing the loan amount Ext. R4(c) True copy of the consent authorisation directing the 3rd respondent to make necessary recoveries to the liabilities from his retirement benefits gratuity PETITIONER EXHIBITS Exhibit P5 TRUE COPY OF THE LETTER DATED 05.03.2025 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT