N.NAGAJOTHI Vs. PRESIDENT

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Nos. 1, 2 and 3.

(2.) The petitioner's husband Nageshwaran was employed in the second respondent Hospital as Male Nurse Assistant. He passed away on 16.12.2019. The petitioner and her two daughters are the surviving legal heirs. The petitioner applied to the second respondent for disbursement of all the terminal benefits. But, the application given by the petitioner could not be processed on account of the liabilities of the deceased employee with the first respondent society. The petitioner's husband had availed loan from the first respondent society. He had also stood as a guarantor for the loan availed by the third respondent from the first respondent society.

(3.) The petitioner's counsel would point out that the third respondent is also a Government employee and that he is having some 13 more years of service. It is true that the liability of the guarantor will not cease with his death and it will bind the legal heirs also. But, if the interest of the first respondent could be otherwise protected, the petitioner can be relieved of the said liability incurred by her husband as a surety.