Thiruvananthapuram Service ... vs The Lay Secretary
2023 Latest Caselaw 340 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
                            1944
                   WP(C) NO. 39660 OF 2022
PETITIONER:

           THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK
           LTD. NO.T-131,
           PRESS ROAD, THIRUVANANTHAPURAM, 695001.
           REPRESENTED BY ITS SECRETARY.V.S.RAMESH
           BY ADVS.
           D.SAJEEV
           LIGEY ANTONY


RESPONDENTS:

    1      THE LAY SECRETARY
           GENERAL HOSPITAL, OFFICE OF THE LAY SECRETARY,
           GENERAL HOSPITAL, VANCHIYOOR
           P.O,THIRUVANANTHAPURAM-695035.
    2      THE HEADMASTER
           G.V.RAJA SPORTS SCHOOL, MYLOM ARUVIKKARA.
           THIRUVANANTHAPURAM-695013.
    3      THE HEALTH OFFICER,
           CORPORATION OF THIRUVANANTHAPURAM OFFICE OF THE
           CORPORATION OF THIRUVANANTHAPURAM, MUSEUM,
           THIRUVANANTHAPURAM-695033.
    4      J.PHILOMINA,
           MEMBER NO. C.34315,FLAT NO.209, RAJAJI NAGAR
           HOUSING BOARD BUILDING, GPO, PRESS ROD,
           THIRUVANANTHAPURAM-695001.
    5      H.JOSEPH,
           MEMBER NO. C.29443,GREESHMA BHAVAN,
           PUTHENGANAM, KATTACHALKUZHI.P.O,
           THIRUVANANTHAPURAM-695501.
    6      C.SUDHEESH,
           MEMBER NO. C.34314,FLAT NO.94, RAJAJI NAGAR
           HOUSING BOARD BUILDING, GPO, PRESS ROD,
           THIRUVANANTHAPURAM-695001.
 WP(C) NO.39660 OF 2022

                                  2

             BY ADV SUMAN CHAKRAVARTHY, SC,
             THIRUVANANTHAPURAM CORPORATION


             SMT PARVATHY K -GP



      THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION     ON   11.01.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.39660 OF 2022

                                  3



                              JUDGMENT

The petitioner, which is a Co-operative Society, alleges that

4th respondent has obtained a loan from them - which is

guaranteed by respondents 5 and 6 - but has refused to

repay the same. They assert that said respondents have

executed statutory undertakings under Section 37 of the

Kerala Co-operative Societies Act ('KCS Act' for short),

authorizing respondents 1 to 3 - their respective employees -

to recover the loan amount from their salary, as also retiral

benefits, but that no action has been taken thereon until now;

and therefore, that they have been constrained to approach

this Court.

2. I notice from the files that the summons issued by

this Court to the 2nd respondent has not been served; while

that to the 5th respondent has been returned 'unserved'. I,

however, am of the view that this Court will still be justified in

disposing of this Writ Petition, since the directions I propose

herein will not prejudice them in any manner.

3. The learned Standing Counsel for the 3 rd

respondent - Corporation of Thiruvananthapuram, submitted

that they will abide by any directions to be issued by this WP(C) NO.39660 OF 2022

Court.

4. The submissions afore and the pleadings on record

would clearly indicate that the petitioner - Society is

interested in recovering money from the 4 th respondent, and

in default from, respondents 5 and 6, on the strength of

alleged undertakings given by them under the provisions of

Section 37 of the KCS Act. If there are any such

undertakings, it is for the 1 st respondent, as also respondents

2 and 3 to take note of the same and issue appropriate

proceedings after hearing both sides. This is more so because

if the alleged undertaking of the 4th respondent covers his

pensionary benefits also, then the 1st respondent will have to

take an apposite decision thereon, including recovery from

such benefits eligible to the 4th respondent.

5. In the afore circumstances, I direct the petitioner

to present the copies of the alleged undertakings issued by

the 4th respondent, before the 1st respondent, within a period

of one month from the date of receipt of a copy of this

judgment. In such event, said respondent will hear the

petitioner, and take a decision thereon, as expeditiously as

is possible but not later than two months thereafter. WP(C) NO.39660 OF 2022

Until such time as the afore exercise is completed and

the resultant order communicated to the petitioner, as also to

the party respondents, the interim order granted by this Court

on 08.12.2022 will remain in force and disbursement of the

amounts mentioned therein will depend upon the decision to

be taken in terms of the directions herein.

This Writ Petition is thus ordered.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.39660 OF 2022

APPENDIX OF WP(C) 39660/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 18.12.2014 SUBMITTED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 16.12.2014 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE BANK. Exhibit P4 TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 22.12.2014 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE BANK. Exhibit P5 TRUE COPY OF THE AGREEMENT FOR DEDUCTION FROM PENSIONARY BENEFITS DATED 13.01.2015 EXECUTED BY THE 4TH RESPONDENT IN FAVOUR OF THE PETITIONER BANK.

Exhibit P6 TRUE COPY OF THE AGREEMENT FOR DEDUCTION FROM PENSIONARY BENEFITS DATED 13.01.2015 EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER BANK.

Exhibit P7 TRUE COPY OF THE AGREEMENT FOR DEDUCTION FROM PENSIONARY BENEFITS DATED 13.01.2015 EXECUTED BY THE 6TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE CONSENT DEED DATED 13.01.2015 EXECUTED BY THE 4 RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P9 TRUE COPY OF THE CONSENT DEED DATED 13.01.2015 EXECUTED BY THE RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P10 TRUE COPY OF THE CONSENT DEED DATED 13.01.2015 EXECUTED BY THE 6 RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P11 TRUE COPY OF THE LOAN BOND DATED 13.01.2015 EXECUTED BY THE RESPONDENTS 4 TO 6 IN FAVOUR OF THE PETITIONER. WP(C) NO.39660 OF 2022

Exhibit P12 TRUE COPY OF THE NOTICE DATED 08.05.2015 ISSUED BY THE PETITIONER TO THE RESPONDENT.

Exhibit P13 TRUE COPY OF THE NOTICE DATED 29.02.2016 ISSUED BY THE PETITIONER TO THE THEN OFFICER OF THE 4TH RESPONDENT REQUESTING TO RECOVER AN AMOUNT OF RS.4.000/-FROM THE MONTHLY SALARY OF THE 4TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE NOTICE DATED 29.02.2016 ISSUED BY THE PETITIONER TO THE HEAD OF THE DEPARTMENT OF THE 5TH RESPONDENT REQUESTING TO RECOVER AN AMOUNT OF RS.4,000/- FROM THE MONTHLY SALARY OF THE 5TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE SALARY RECOVERY REQUEST DATED 19.07.2019 ISSUED BY THE PETITIONER TO THE 3 RESPONDENT.

Exhibit P16 _TRUE COPY OF THE DEMAND NOTICE DATED 07.10.2020 ISSUED BY THE PETITIONER TO THE 4 RESPONDENT.

Exhibit P17 TRUE COPY OF THE DEMAND NOTICE DATED 07.10.2020 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT.

Exhibit P18 TRUE COPY OF THE DEMAND NOTICE DATED 07.10.2020 ISSUED BY THE PETITIONER TO THE 6TH RESPONDENT.

Exhibit P19 TRUE COPY OF THE SALARY RECOVERY REQUEST DATED 21.10.2021 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. Exhibit P20 TRUE COPY OF THE REQUEST DATED 19.03.2022 ISSUED BY THE PETITIONER TO THE SUPERINTENDENT, GENERAL HOSPITAL. Exhibit P21 TRUE COPY OF THE RECOVERY REQUEST DATED 03.06.2022 ISSUED BY THE PETITIONER TO THE 15 RESPONDENT.

RESPONDENTS EXHIBITS: NIL TRUE COPY

P.A TO JUDGE LSN