The Adhyapaka Co-Operative Bank Ltd. ... vs State Of Kerala

Kerala High Court

The Adhyapaka Co-Operative Bank Ltd. ... vs State Of Kerala on 21 May, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 20947 OF 2021
PETITIONER:

            THE ADHYAPAKA CO-OPERATIVE BANK LTD. NO. A-300
            PUTHUSSERY P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
            PIN-689602, REPRESENTED BY ITS SECRETARY.
            BY ADVS.
            M.M.MONAYE
            M.PAUL VARGHESE
            NIRMALA P.V.


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO EDUCATION, EDUCATION
            DEPARTMENT, THIRUVANANTHAPURAM-695001.
    2       DIRECTORATE OF GENERAL EDUCATION (DGE),
            REPRESENTED BY ITS DIRECTOR, JAGATHY,
            THIRUVANANTHAPURAM-695014.
    3       ACCOUNTANT GENERAL OF KERALA,
            OFFICE OF THE ACCOUNTANT GENERAL OF KERALA,
            THIRUVANANTHAPURAM-695001.
    4       THE DEPUTY DIRECTOR OF EDUCATION
            OFFICE OF THE D.D. OF EDUCATION DEPARTMENT, THIRUVALLA
            P.O., PATHANAMTHITTA DISTRICT-689101.
    5       DISTRICT EDUCATIONAL OFFICER
            OFFICE OF THE DEO, THIRUVALLA, THIRUVALLA P.O.,
            PATHANAMTHITTA-689101.
    6       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),
            OFFICE OF THE JR OF CO OP SOCIETIES, PATHANAMTHITTA,
            PATHANAMTHITTA P.O-689645.
    7       SUB TREASURY OFFICER,
            SUB TREASURY OFFICE, MALLAPPALLY, MALLAPPALLY P.O.,
            PATHANAMTHITTA-689585.
    8       THE HEADMISTRESS,
            N.S.S HIGHER SECONDARY SCHOOL VAIPUR, VAIPUR P.O.,
            MALLAPPALLY, PATHANAMTHITTA-689588.
    9       SHAMEER.K
            (S/O.KASSIMKUNJU) TEACHER, N S S HSS VAIPUR, KAXIS
 W.P(C) No.20947 OF 2021
                                 2

            MANZIL, VADAKKUMTHALA P.O., KARUNAGAPPALLY, KOLLAM
            DISTRICT.
     10     SREEVALZ.P.,
            (S/O.PURUSHOTHAMAN NAIR T.G), TEACHER, N S S HSS
            VAIPUR, MAZHAVANCHERIL, PODIYADI P.O., THIRUVALLA,
            PATHANAMTHITTA-689110.
     11     MAHESWARI DEVI A.L.,
            (W/O.LATE ANILKUMAR.K) RETIRED TEACHER, N S S HSS
            VAIPUR, PUTHENPURAYIL HOUSE, KUNNAMATHANAM P.O.,
            THIRUVALLA-689581.
     12     SUBHASH K.R,
            S/O.RAMACHANDRAN NAIR K.K, OFFICE ATTENDANT, N S S
            HSS VAIPUR, KALLUPURACKAKATHU, VAIPUR P.O.,
            MALLAPPALLY, PATHANAMTHITTA-689588.
     13     RENJINI.R,
            (W/O.SREELAI P.R), TEACHER, N S S HSS VAIPUR,
            PARAMPATH SREEBHARAM, PERINGARA P.O., THIRUVALLA,
            PATHANAMTHITTA-689108.
            BY ADVS.
            BINU GEORGE
            S. P. ARAVINDAKSHAN PILLAY
            HEMALATHA
            N.SANTHA(S-176)
            V.VARGHESE(K/514/1996)
            PETER JOSE CHRISTO(K/1216/2004)
            S.A.ANAND(K/1216/2006)
            K.N.REMYA(K/712/2010)
            L.ANNAPOORNA(K/952/2013)
            VISHNU V.K.(K/001396/2018)
            ABHIRAMI K. UDAY(K/001426/2018)
            HEMANTH HARI(K/1165/2019)
            JACOB SHALU K.S.(K/2808/2023)
            ADV.JUSTIN JACOB - SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.20947 OF 2021
                                3




                          JUDGMENT

Dated this the 21st day of May, 2024 The present writ petition has been filed by the petitioner Co-operative Society. The 9th respondent has obtained four loans from the Co-operative Society.

Only one loan account stands closed and the balance amount of three loan accounts is of Rs.18,33,389/-.

Respondent Nos.10 to 13 are the guarantors. The 11 th respondent has already retired from the office on attaining the age of superannuation. His liability under the agreement is up to Rs.1,90,044/-. Learned counsel for the 11th respondent submits that the retirement dues of the 11 th respondent may be paid after deducting the liability under the agreement ie.,Rs.1,90,044/-.

2. The learned counsel for the petitioner society submits that they have no objection to such a prayer and therefore it is provided that after deducting W.P(C) No.20947 OF 2021 4 Rs.1,90,044/- from the retirement dues of the 11 th respondent rest of the amount should be disbursed to her. The 11th respondent would be free to recover the said amount from the 9th respondent for whom she stood guarantor for obtaining loan from the petitioner society.

3. The society is run by the teachers themselves.

They contribute from their salary to the society which provides loan to its members. If the members default in making the repayment of the loan obtained from the society, the society would be closed down to the peril of other members.

4. In view thereof, the present writ petition is disposed of, with liberty to the co-operative society to recover its dues of the 9th respondent from respondent Nos.10,12 and 13 as per the law and there is no impediments for the petitioner society to recover the said amount from the salary of the 9 th respondent. In view of the aforesaid, respondent W.P(C) No.20947 OF 2021 5 numbers 4,5 and 8 are directed to recover the outstanding loan amount of the petitioner society from the salary of respondent numbers 9, 10, 12 and

13. With the aforesaid observation and direction, the present writ petition stands disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE AP W.P(C) No.20947 OF 2021 6 APPENDIX OF WP(C) 20947/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN APPLICATION DATED 14.12.2017 SUBMITTED BY R9 SHAMEER. Exhibit P2 TRUE COPY OF THE REPORT OF THE LOAN DATED 27.12.2017.

Exhibit P3 TRUE COPY OF THE BOND DATED 20.12.2017. Exhibit P4 TRUE COPY OF THE BOND DATED 27.12.2017. Exhibit P5 TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED 14.12.2017 OF SHAMSEER.

Exhibit P6 TRUE COPY OF THE CONSENT DATED 14.12.2017 AGREEING TO RECOVER FROM SALARY OF SHAMEER (R9).

Exhibit P7 TRUE COPY OF THE CONSENT DATED 14.12.2017 AGREEING TO RECOVER FROM SALARY OF SREEVALZ (R10).

Exhibit P8 TRUE COPY OF THE CONSENT DATED 14.12.2017 AGREEING TO RECOVER FROM SALARY OF SUBHASH (R12).

Exhibit P9 TRUE COPY OF THE BOND DATED 26.02.2018. Exhibit P10 TRUE COPY OF THE CONSENT DATED 20.02.2018 AGREEING RECOVERY FROM SALARY OF SHAMEER (R9). Exhibit P11 TRUE COPY OF THE CONSENT DATED 20.02.2018 AGREERING RECOVERY FROM SALARY OF SREEVALZ (R

10).

Exhibit P12 TRUE COPY OF THE BOND DATED 13.07.2016 WITH REGARD TO LOAN RS. 3 LAKHS MOD 86. EXHIBIT P13 TRUE COPY OF THE CONSENT DATED 21.06.2016 AGREEING FOR RECOVERY FROM SALARY OF SHAMEER (R 9).

Exhibit P14 TRUE COPY OF THE CONSENT DATED 21.06.2016 AGREEING FOR RECOVERY FROM SALARY OF SREEVALZ (R10).

Exhibit P15 TRUE COPY OF THE CONSENT DATED 21.06.2016 AGREEING FOR RECOVERY FROM SALARY OF MAHESWARI DEVI (R11).

Exhibit P16 TRUE COPY OF THE EMPLOYMENT CERTIFICATE OF MAHESWARI DEVI 21.06.2016 (R 11). Exhibit P17 TRUE COPY OF THE LOAN APPLICATION MMBF DATED 09.05.2018 SUBMITTED BY R9 SHAMEER. Exhibit P18 TRUE COPY OF THE CONSENT DATED 02.05.2018 AGREEING TO RECOVER FROM SALARY OF SHAMEER (R9).

Exhibit P19 TRUE COPY OF THE CONSENT DATED 02.05.2018 W.P(C) No.20947 OF 2021 7 AGREEING TO RECOVER FROM SALARY OF RENGINI (R13).

Exhibit P20 TRUE COPY OF THE NOTICE DATED 01.07.2020, SENT BY THE PETITIONER SOCIETY TO THE 8TH RESPONDENT.

Exhibit P21 TRUE COPY OF THE NOTICE DATED 13.07.2020, SENT BY THE PETITIONER SOCIETY TO THE 8TH RESPONDENT.

Exhibit P22 TRUE COPY OF THE NOTICE DATED 13.08.2020 SENT BY THE PETITIONER SOCIETY TO THE 8TH RESPONDENT.

Exhibit P23 TRUE COPY OF THE NOTICE DATED 23.12.2020, SENT BY THE PETITIONER SOCIETY TO THE 8TH RESPONDENT.

Exhibit P24 TRUE COPY OF THE NOTICE DATED 23.09.2021, SENT BY THE PETITIONER SOCIETY TO THE 8TH RESPONDENT.

Exhibit P25 TRUE COPY OF THE NOTICE DATED 12.02.2021 SENT BY THE PETITIONER SOCIETY TO THE PRINCIPAL ACCOUNTANT GENERAL.

Exhibit P26 TRUE COPY OF THE NOTICE DATED 27.01.2021 SENT BY THE PETITIONER SOCIETY TO THE DD, THIRUVALLA.

Exhibit P27 TRUE COPY OF THE JUDGMENT IN WP(C).NO.28803/2018 DATED 01.07.2019. Exhibit P28 TRUE COPY OF THE RECOVERY COLLECTION STATEMENT DATED 28.01.2020 OF THE MONTH JANUARY. Exhibit P29 TRUE COPY OF THE AWARD DATED 27.03.2021 IN ARC 8/2021.

Exhibit P30 TRUE COPY OF THE AWARD DATED 27.03.2021 IN ARC 9/2021.

Exhibit P31 TRUE COPY OF THE AWARD DATED 06.02.2021 IN ARC 10/2021.

Exhibit P32 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WPC 13955/2020 DATED 10.07.2020. Exhibit P33 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WPC 13955/2020 DATED 22.07.2021. Exhibit P34 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN MANNI V DIVISIONAL FOREST OFFICER 2008(4) KLT 9555 DATED 07.11.2008.