Allowed

C.Vasanthy v. Kerala State Financial Enterprises

Kerala HC6 Sept 2018WP(C)/3585/2013

Case brief

AI extract

What is this about?

A retired Deputy Manager filed a writ petition challenging the withholding of her Fixed Deposit amount by Kerala State Financial Enterprises due to her standing as a surety for a deceased former employee. The High Court Held that withholding the FD was arbitrary and directed the release of the amount within two months.

What did the court decide?

The First Respondent is directed to release the Fixed Deposit lying under them to the petitioner within two months from the date of receipt of a copy of the judgment. The FD amount shall carry interes

C.Vasanthy Vs Kerala State Financial Enterprises — Property and Title | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY ,THE 06TH DAY OF SEPTEMBER 2018 / 15TH BHADRA, 1940

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WP(C).No. 3585 of 2013

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PETITIONER/S:

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C.VASANTHY, AGED 58 YEARS THUSHARAM, CHALLIMUKKU, KOLLAYIL (P.O.), MADATHARA, KOLLAM DISTRICT, PIN:691 546.

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BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.CHANDRA BABU.A

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RESPONDENT/S:

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1 KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, BHADRATHA, THRISSUR, PIN:680 020.

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2 THE DEPUTY GENERAL MANAGER BUSINESS AND OPERATIONS THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, CORPORATE OFFICE, BHADRATHA, THRISSUR, PIN:680 020.

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3 THE BUSINESS GENERAL MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, CORPORATE OFFICE, BHADRATHA, THRISSUR, PIN:680 020.

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4 THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KALLARA BRANCH, CODE NO.163, THIRUVANANTHAPURAM, PIN:695

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BY ADV. SRI.ANOOP P.V., SC,

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OTHER PRESENT:

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SC SRI A.M.ANTONY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3585 of 2013

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J U D G M E N T

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Petitioner retired from service on 31.03.2012 while working

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as Deputy Manager in Kadakkal Branch of Kerala State Financial Enterprises Limited. She was having two chitties bearing Nos. 4/99 and 17/99. Petitioner had bid chitty No.17/99 on 22.09.2001

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and the chitty amount was deposited in Fixed Deposit (FD) in Kallara Branch of KSFE. The chitty itself was terminated on 22.01.2004. The other chitty was bid on 08.02.2002 and the chitty amount was deposited in FD account. That chitty was also terminated on 8.04.2003. On termination of the chitties, petitioner requested for release of the FD amount. But it was not released on the ground that petitioner had stood as surety to one Shri Gopakumar, who was working as a Senior Assistant in Kollam Branch when he was a subscriber of a chitty. It was stated that petitioner's salary certificate was produced in order to release the chitty amount to Shri Gopakumar. Shri

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WP(C).No.3585 of 2013

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Gopakumar died on 31.10.2001. Petitioner claims that even the DCRG of late Gopakumar was not released; and as he does not have

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any legal heir, the liability can be recovered from his terminal benefits instead of withholding the FD amounts due to the petitioner.

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Respondent KSFE had filed a statement, according to

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which the liability of Shri Gopakumar was not fixed. It was stated that one of the FDs were released to the petitioner based on her request. Since the petitioner stood as surety to late Gopakumar, it is stated that one of the FDs were not released to the petitioner. However, it is stated that the DCRG and other benefits of late Gopakumar are not released.

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The petitioner filed a reply affidavit stating that the amount if any due from late Gopakumar can very well be adjusted from his terminal benefits and that the withholding of the FD amount due to the petitioner is arbitrary.

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Respondents have not filed any counter affidavit

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WP(C).No.3585 of 2013

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subsequent to this.

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Having heard the contentions on either side, it is seen

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that the chitties bid by the petitioner had terminated as early as in 2003 and 2004. Petitioner had retired from service on 31.03.2012. Shri Gopakumar died on 31.10.2001. Respondents did not take any action to realize any amount from the salary of the petitioner when the chitty amount was released to late Gopakumar on the strength of her salary certificate. Therefore, it is highly unfair and unjust to withhold the FD amount due to the petitioner. No reason is stated by the respondents as to why the terminal benefits of late Gopakumar could not be adjusted towards his liability. Whatever it may be there is no reason to withhold the FD amount due to the petitioner which was due to her in the year 2003 and 2004, even after her retirement in the year 2012. The respondents do not have any right to withhold the FD amount of petitioner.

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In the above circumstances, there shall be a direction to

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WP(C).No.3585 of 2013

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the first respondent to release the Fixed Deposit lying under the first respondent within a period of 'two months' from the date of receipt of a copy of the judgment. It goes without saying that the FD amount will carry interest till the date of its release.

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The writ petition is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE.

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.01.2007.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 03.09.2011.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.03.2012.

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RESPONDENTS' EXHIBITS: NIL

C.Vasanthy v. Kerala State Financial Enterprises

Case brief

What is this about?

What did the court decide?

C.Vasanthy v. Kerala State Financial Enterprises

Case brief

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