Aided Primary Teacher’S ... vs State Of Kerala
2026 Latest Caselaw 2430 Ker

Kerala High Court

Aided Primary Teacher’S ... vs State Of Kerala on 30 March, 2026

                                                          2026:KER:28254
WP(C) NO. 3009 OF 2025              1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

        MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948

                         WP(C) NO. 3009 OF 2025

PETITIONER/S:

            AIDED PRIMARY TEACHER'S CO-OPERATIVE SOCIETY LTD., NO.
            K334, KOTTAYAM, REPRESENTED BY ITS SECRETARY
             BIJU ABRAHAM, AGED 54 YEARS,
            S/O. ABRAHAM K.E., PIN - 686001


            BY ADVS.
            SRI.LIJI.J.VADAKEDOM
            SHRI.ATHUL V. VADAKKEDOM
            SMT.REXY ELIZABETH THOMAS




RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO THE FINANCE DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2       DEPUTY DIRECTOR OF EDUCATION
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
            VYASKARAKUNNU ROAD, KOTTAYAM,, PIN - 686001

    3       HEADMISTRESS,N.S.S. H.S., ANICKAD, ANICKAD WEST P.O.,
            PULLICTHADU, KOTTAYAM, PIN - 686503

    4       SAJEEV T.C.RESIDING AT PUNCHAVALIKKAL HOUSE,
            KADAYANIKKADU P.O., MANIMALA, KOTTAYAM
            (RETIRED CLERK, NSSHS SCHOOL, ANIKKAD (MEMBER NO. A
            2086 OF THE AIDED PRIMARY TEACHER'S CO-OPERATIVE
            SOCIETY LTD., NO. K334), PIN - 686550
                                                     2026:KER:28254
WP(C) NO. 3009 OF 2025            2


    5     P.C. UNIIKRISHNAN NAIR
          RESIDING AT PARAMPATH, KARUKACHAL, NEDUMKUNNAM,
          CHANGANCHERRY (OFFICE ATTENDANT, N.S.S. H.S.S.
          ANICKAD), PIN - 686542


          BY ADVS.
          SHRI.V.VIJULAL
          SRI.K.T.SEBASTIAN




          SRI. ANTONY MUKKATH (SR;GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2026:KER:28254
WP(C) NO. 3009 OF 2025                 3



                                 JUDGMENT

The writ petition has been filed seeking the following

prayers:-

''a. To call for the records leading to the passing of Exhibit P5 and to quash the same by issuing a writ of Certiorari, or any other Writ, Order or direction.

b. Issue a writ of mandamus, or any other Writ, Order or direction directing the 2nd respondent to effect the recovery of loan amount due from the 4th respondent to the petitioner (as mentioned in Exhibit P4) from the DCRG amount due to the 4th respondent.

c. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 and 3 not to issue non liability certificate in favour of the 4th respondent without incorporating the amount due to the petitioner Bank as mentioned in Exhibit P4 communication.''

2. Learned counsel appearing for the petitioner

submits that the issue raised in this writ petition is covered by

the judgment of this Court in Idukki District Police Co-

operative Society Ltd V. State of Kerala; 2026 KHC

OnLine 96. It is submitted that the 4th respondent has also now

given consent for recovery of a sum of Rs.3,50,000/- (Rupees

Three lakhs and fifty thousand only) from his DCRG. Reference

is made in this regard to Exhibit P10 produced along with I.A. 2026:KER:28254

No.2 of 2026.

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

respondent Nos.4 and 5.

4. Heard the learned Government Pleader appearing

for the official respondents and the learned counsel appearing

for the 3rd respondent.

5. Having heard the learned counsel appearing for the

petitioner, the learned Government Pleader appearing for the

official respondents and the learned counsel appearing for the

3rd respondent and taking into consideration the view taken by

this Court in Idukki District Police Co-operative Society Ltd

(supra) and also taking into consideration Exhibit P10 consent

given by the 4th respondent, the writ petition will stand disposed

of, directing that the competent among the official respondents

shall ensure that a sum of Rs.3,50,000/- is recovered from the

DCRG payable to the 4th respondent and the said amount shall

be paid over to the petitioner-Society, without undue delay and

at any rate, within a period of one month from the date of

receipt of a certified copy of this judgment

Sd/-

GOPINATH P. JUDGE ajt 2026:KER:28254

APPENDIX OF WP(C) NO. 3009 OF 2025

PETITIONER EXHIBITS

Exhibit P1 THE RELEVANT EXTRACT OF THE BYE-LAW 5(A) AND 5(B) OF THE SOCIETY Exhibit P2 THE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 4TH RESPONDENT DATED 4.3.2013 Exhibit P2(a) THE COPY OF THE BOND EXECUTED BY RESPONDENTS 4 AND 5 IN FAVOUR OF THE PETITIONER-BANK DATED 26.3.2014 Exhibit P3 THE COPY OF THE CONSENT LETTER DATED 26.03.2014 GIVEN TO THE PETITIONER SOCIETY BY THE 4TH RESPONDENT Exhibit P3(a) A COPY OF THE CONSENT LETTER DATED 26.03.2014 GIVEN TO THE PETITIONER SOCIETY BY THE 5TH RESPONDENT Exhibit P4 THE COPY OF THE REQUEST - NLC/1/2022-23 CHRY DATED 26.10.2022 ISSUED TO THE 3RD RESPONDENT-HEADMISTRESS NSS HS ANIKKAD Exhibit P5 THE COPY OF THE LETTER NO. 860/2024 DATED 13.11.2024 ISSUED BY THE 3RD RESPONDENT- HEADMISTRESS, NSS HS, ANIKKAD Exhibit P6 THE COPY OF THE GOVERNMENT ORDER -G.O.(P) NO.

46/2023/FIN DATED 8.5.2023 Exhibit P7 A COPY OF THE REPRESENTATION DATED 21.12.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 THE COPY OF THE INTERIM ORDER DATED 26.7.2024 IN WP(C) NO. 26754/2024 BEFORE THIS HONORABLE COURT Exhibit P9 A COPY OF THE JOINT LETTER DATED 28.2.2026 EXECUTED BY THE PETITIONER AND THE 4TH RESPONDENT Exhibit P10 A COPY OF THE REQUEST DATED 28.2.2026 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT