Kerala High Court
The Adoor Government Employees ... vs The State Of Kerala on 3 September, 2025
W.P.C No.33003 of 2025 1 2025:KER:66310
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2025 / 12TH BHADRA, 1947
WP(C) NO. 33003 OF 2025
PETITIONER(S):
THE ADOOR GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LTD.
NO. 2226
ADOOR P.O., PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS
SECRETARY, SIVAPRASANTH S. K., AGED 49 YEARS,
S/O SADASIVAN, RESIDING AT GOURINANDAN, MOONNALAM,
ADOOR TALUK, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 691523
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.KEVIN JAMES
SMT.MINU VITTORRIA PAULSON
SMT.GOPIKA GOPAL
SMT.ARCHANA P.P.
SHRI.REN SHIBU
SMT.RICHA ANNA GEORGE
SHRI.ISSAC MELVIN B.O.
RESPONDENT(S):
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT., PIN - 695001
2 PRINCIPAL SECRETARY (REVENUE)
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT., PIN - 695001
3 THE DISTRICT COLLECTOR
ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030
W.P.C No.33003 of 2025 2 2025:KER:66310
4 THE TAHSILDAR
OFFICE OF THE TAHSILDAR, REVENUE TOWER, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691523
5 THE HEADMISTRESS
GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691523
6 THE BLOCK DEVELOPMENT OFFICER
BLOCK DEVELOPMENT OFFICE, ELAKOLLUR P.O.,
PATHANAMTHITTA DISTRICT, PIN - 689703
7 RADHAKRISHNAN K.
AGED 57 YEARS
S/O KUTTY, DEPUTY TAHSILDAR, TALUK OFFICE, ADOOR,
PATHANAMTHITTA DISTRICT, HAVING ADDRESS AT PAKKULATHU
VEEDU, ELANGAMANGALOM, ENATHU P. O., PATHANAMTHITTA
DISTRICT., PIN - 691526
8 BHAVANI J.
AGED 57 YEARS
(RETIRED PD TEACHER, GOVT. GIRLS HSS, ADOOR)
W/O RADHAKRISHNAN K., PAKKULATHU VEEDU, ELANGAMANGALOM,
ENATHU P. O., PATHANAMTHITTA DISTRICT, PIN - 691526
9 S. JOHNSON
AGED 56 YEARS
S/O SAMUEL,(RETIRED OFFICE ATTENDANT, BLOCK DEVELOPMENT
OFFICER, ELAKOLLUR), RESIDING AT VADAKKEKKARA HOUSE,
ELANGAMANGALAM P.O., ENATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT., PIN - 691526
BY SRI. K.M. FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C No.33003 of 2025 3 2025:KER:66310
EASWARAN S., J.
---------------------------------
W.P.(C) No.33003 of 2025
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Dated this the 3rd day of September, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
A) To issue a writ of mandamus or any other
appropriate writ, order or direction to the
respondents 3, 5 and 6 to take necessary action
to recover the amount due to the petitioner
society from the salary, DCRG and terminal
benefits of the respondents 7 to 9 as per Exhibit
P7 to P9 requisitions as contemplated under
Section 37(2) of Kerala Co-operative Societies
Act, 1969 and Article 89(3) of the Kerala
Financial Code, Volume 1;
B) To issue a writ of mandamus or any other
appropriate writ, order or direction to the
respondents 3, 5 and 6 not to disburse the DCRG
and other retirement benefits to the respondents
7 to 9 without recovering the loan arrears due
from the 4th respondent to the petitioner society
C) To pass such other writ order or direction that
this Hon'ble Court may deem fit and proper in
the facts and circumstances of the case;
2. The petitioner herein is an Employees' Credit Society
registered under the Kerala Co-operative Societies Act, 1969. It is
W.P.C No.33003 of 2025 4 2025:KER:66310
stated that the 7th respondent had availed a loan of Rs.8,00,000/-
(Rupees Eight Lakhs only) from the petitioner society, and at the time
of availing the loan, he was working as Deputy Tahsildar, Taluk
Office, Adoor. The respondents Nos.8 and 9 stood as sureties to the
loan availed by the 7th respondent. When the 7th respondent failed to
remit the loan instalments, proceedings for recovery were taken by
the petitioner society. It is stated that the 7th respondent retired from
service on 31.05.2025 as Special Tahsildar, the 8th respondent retired
on 30.04.2024, and the 9th respondent retired on 31.5.2025. The
petitioner has requested the respondents 3, 5 and 6, even prior to
the retirement of respondents 7 to 9, to recover the loan arrears due
from the 7th respondent to the petitioner society from their
respective salary. However, respondents 3, 5, and 6 failed to accede
to the said request. Thus, it is submitted that necessary directions be
issued to respondents 3, 5, and 6 to take necessary action for
recovery of the amount due to the petitioner society from the salary,
DCRG, and terminal benefits of respondents 7 to 9 as per Ext.P7 and
P9 requisitions.
3. Heard Sri. K Shaj, the learned counsel appearing for the
petitioner, and Sri. K.M. Faisal, the learned Government Pleader. In
the nature of the order that this Court proposes to pass, notice to the
W.P.C No.33003 of 2025 5 2025:KER:66310
party respondents is dispensed with.
4. On consideration of the rival submissions raised across the
Bar, this Court is of the considered view that the writ petition can be
disposed of directing the respondents 3, 5 and 6 to take action on
Exts.P8, P9 and P10, in accordance with law, and forward the eligible
amounts if any due to the petitioner society within a period of one
month from the date of receipt of a copy of this judgment. Till
Exts.P8, P9 and P10 are considered, the respondents 3, 5, and 6 are
directed not to disburse the DCRG and other retirement benefits to
the 7th respondent if not already disbursed.
Sd/-
EASWARAN S.
JUDGE
NS
W.P.C No.33003 of 2025 6 2025:KER:66310
APPENDIX OF WP(C) 33003/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LOAN APPLICATION FORM DATED
27/06/2017 SUBMITTED BY THE 7TH RESPONDENT TO
THE PETITIONER SOCIETY
Exhibit P2 THE TRUE COPY OF THE AGREEMENT DATED 27/06/2017
EXECUTED BY THE 7TH RESPONDENT TO THE
PETITIONER SOCIETY
Exhibit P3 THE TRUE COPY OF THE UNDERTAKING DATED
24/07/2017 GIVEN BY THE PAY DISBURSING OFFICER
Exhibit P4 THE TRUE COPY OF THE BOND DATED 24/07/2017
EXECUTED BY THE 7TH RESPONDENT TO THE
PETITIONER SOCIETY
Exhibit P5 THE TRUE COPY OF THE AGREEMENT FOR RECOVERY
FROM SALARY, TERMINAL BENEFITS AND GRATUITY
DATED 29/06/2017 EXECUTED BY THE 8TH RESPONDENT
AND HER SALARY DISBURSEMENT OFFICER IN FAVOUR
OF THE PETITIONER SOCIETY
Exhibit P6 THE TRUE COPY OF THE AGREEMENT FOR RECOVERY
FROM SALARY, TERMINAL BENEFITS AND GRATUITY
DATED 12/07/2017 EXECUTED BY THE 9TH RESPONDENT
AND HIS SALARY DISBURSEMENT OFFICER IN FAVOUR
OF THE PETITIONER SOCIETY
Exhibit P7 THE TRUE COPY OF THE AWARD DATED 22/02/2019 IN
FILE NO.1023/18 PASSED BY THE A & E INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES (GENERAL), ADOOR
DESIGNATED AS THE ARBITRATOR
Exhibit P8 THE TRUE COPY OF NOTICE NO. GECB 265/23-24 DATED
04/12/2023 ISSUED BY THE PETITIONER SOCIETY TO
THE 3RD RESPONDENT, THE DISBURSING OFFICER OF
THE 7TH RESPONDENT
Exhibit P9 THE TRUE COPY OF NOTICE NO. GECB 255/23-24 DATED
04/12/2023 ISSUED BY THE PETITIONER SOCIETY TO
THE 5TH RESPONDENT, THE DISBURSING OFFICER OF
THE 8TH RESPONDENT
Exhibit P10 THE TRUE COPY OF NOTICE NO. GECB 323/24-25 DATED
18/12/2024 ISSUED BY THE PETITIONER SOCIETY TO
THE 3RD RESPONDENT, THE DISBURSING OFFICER OF
THE 7TH RESPONDENT
Exhibit P11 THE TRUE COPY OF THE JUDGMENT DATED 27/09/2022
IN W.P.(C) NO.13871/2022 OF THIS HON'BLE COURT
