Postal, Telecom, Bsnl Employees ... vs Union Of India
2025 Latest Caselaw 10318 Ker

Kerala High Court

Postal, Telecom, Bsnl Employees ... vs Union Of India on 30 October, 2025

                                                           2025:KER:82025

W.P (C) No.16642/2025              -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947

                         WP(C) NO. 16642 OF 2025

PETITIONER/S:

             POSTAL, TELECOM, BSNL EMPLOYEES CO-OPERATIVE SOCIETY
             LTD.NO.1940
             GANDHARIAMMAN KOVIL ROAD, MELE, THAMPANOOR JUNCTION,
             SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM,
             REPRESENTED BY ITS SECRETARY., PIN - 695001

             BY ADVS.
             SHRI.M.SASINDRAN
             SRI.P.SHAHEED


RESPONDENT/S:

      1      UNION OF INDIA
             MINISTRY OF COMMUNICATION, DEPARTMENT OF
             TELECOMMUNICATIONS ASHOKA ROAD, SANCHAR BHAVAN NEW
             DELHI, REPRESENTED BY ITS SECRETARY., PIN - 110001

      2      THE CONTROLLER OF COMMUNICATIONS ACCOUNTS
             OFFICE OF THE CONTROLLER OF COMMUNICATIONS ACCOUNTS,
             DEPARTMENT OF TELECOM DOOR SANCHAR BHAVAN,
             THIRUVANANTHAPURAM., PIN - 695033

      3      BHARAT SANCHAR NIGAM LTD.
             BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE
             JANPATH, NEW DELHI, REPRESENTED BY ITS CHAIRMAN., PIN -
             110001

      4      THE CHIEF GENERAL MANAGER
             BHARAT SANCHAR NIGAM LTD. OFFICE OF THE CHIEF GENERAL
             MANAGER (TELECOM) KERALA CIRCLE, THIRUVANANTHAPURAM.,
             PIN - 695033
                                                        2025:KER:82025

W.P (C) No.16642/2025            -2-


      5      THE ACCOUNTS OFFICER (CASH)
             BHARAT SANCHAR NIGAM LTD.
             OFFICE OF THE GENERAL MANAGER THIRUVANTHAPURAM, PIN -
             695001

      6      KUSALAN P.V,
             BSNL QUARTERS NO. C20, PARUTHIPPARA, NALANCHIRA P O,
             THIRUVANANTHAPURAM., PIN - 695015


             BY ADVS.
             SHRI.C.DINESH, CGC
             SRI.R.SUDHISH FOR R3, R4 & 54



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2025, THE COURT ON 30.10.2025 DELIVERED THE FOLLOWING:
                                                               2025:KER:82025

W.P (C) No.16642/2025                -3-

                              JUDGMENT

The petitioner is a Co-operative Society of employees of the Postal

Department, Telecom Department and the Bharat Sanchar Nigam Ltd.

According to the petitioner the 6th respondent had availed a loan from the

petitioner on the strength of an agreement executed in terms of the provisions

contained in Section 37 of the Kerala Co-operative Societies Act, 1969,

permitting the petitioner to recover from the salary and other terminal

benefits of the 6th respondent any amounts due to the petitioner.

2. According to the learned counsel for the petitioner, the petitioner

had sought for recovery of a sum of Rs.13,75,902/- from the DCRG payable to

the 6th respondent. It is the case of the petitioner that the 6 th respondent

retired from service on 30-04-2025, on superannuation.

3. Despite service of notice, there is no appearance for the 6 th

respondent.

4. Heard the learned counsel for respondents 3 to 5. The learned

counsel for respondents 3 to 5 would submit that since the 6 th respondent had

taken voluntary retirement as per the scheme promulgated by the Union of

India, the DCRG to the 6th respondent has to be paid by the Union of India.

5. Having heard the learned counsel for the petitioner, learned Deputy

Solicitor General of India for the 1 st respondent and the learned counsel for 2025:KER:82025

respondents 3 to 5, I am of the view that since the 6 th respondent has not

objected to the relief sought for by the petitioner and has not appeared before

this court despite service of notice, this writ petition can be ordered directing

the respondents 1 to 5 or competent among them to ensure that the DCRG

payable to the 6th respondent is paid only after deducting the amount of

Rs.13,75,902/- sought to be recovered by the petitioner in terms of the

provisions contained in Section 37 of the 1969 Act. The petitioner shall

communicate this judgment to respondents 1 and 2 for compliance.

Writ petition is disposed of.

Sd/-

GOPINATH P. JUDGE AMG 2025:KER:82025

APPENDIX OF WP(C) 16642/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOAN APPLICATION DATED 09.12.2016 MADE BY THE 6TH RESPONDENT, WITH A CERTIFICATE AGREEING TO RECOVER THE OVERDUE AMOUNT FROM THE SALARY AS WELL AS FROM DCRG DULY SIGNED BY THE 5TH RESPONDENT, TO THE PETITIONER SOCIETY Exhibit P1(a) TRUE COPY OF THE LOAN APPLICATION MADE BY THE 6TH RESPONDENT, WITH A CERTIFICATE AGREEING TO RECOVER THE OVERDUE AMOUNT FROM THE SALARY AS WELL AS FROM DCRG DULY SIGNED BY THE 5TH RESPONDENT, TO THE PETITIONER SOCIETY Exhibit P2 TRUE COPY OF THE LOAN BOND FOR AN AMOUNT OF RS.10 LAKHS EXECUTED BY THE 6TH RESPONDENT. Exhibit P2(a) TRUE COPY OF THE LOAN BOND FOR AN AMOUNT OF RS.6 LAKHS EXECUTED BY THE 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE AGREEMENT EXECUTED BY THE 6TH RESPONDENT WITH THE PAY DISBURSING OFFICER DATED 09/12/2016 .

Exhibit P3(a) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 6TH RESPONDENT WITH THE PAY DISBURSING OFFICER DATED 06/05/2019 Exhibit P4 TRUE COPY OF THE AGREEMENT DATED 09/12/2016 FOR DEDUCTION FROM PENSIONARY BENEFITS EXECUTED BY THE 6TH RESPONDENT.

Exhibit P4(a) TRUE COPY OF THE AGREEMENT DATED 06/05/2019 FOR DEDUCTION FROM PENSIONARY BENEFITS EXECUTED BY THE 6TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE REQUEST DATED 03/04/2025 SUBMITTED BY THE PETITIONER BEFORE THE ACCOUNTS OFFICER Exhibit P6 TRUE COPY OF THE ORDER DATED 25.05.2023 IN W.P.(C) W.P.(C) NO.16678 OF 2023 OF THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 28.03.2025 IN WP(C) NO. 18964 OF 2024 OF THIS HON'BLE COURT.