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2005 Supreme(Ker) 575

K.A.ABDUL GAFOOR, K.HEMA
P. S. Surendran – Appellant
Versus
Secretary, Mavelikkara Primary Co-Operative Agricultural and Rural Development Bank Ltd. – Respondent


Judgment :-

Hema, J.

Can an amount due to a Co-operative Society from its member be recovered from the Death-cum-Retirement Gratuity (DCRG, for short), under Section 37 of the Co-operative Societies Act, 1967 ('the Act' for short)? Can such dues be recovered from DCRG under Rule 3 Part III, Kerala Service Rules (KSR, for short)? What does the term "salary" mean in this context? These are the three main questions which are to be considered in this appeal.

2. Brief facts are as follows: Appellant retired from government service on 30.6.2000 as Sub Registrar. But, DCRG was not paid even after expiry of two years of retirement and hence, he filed O.P.No.22258 of 2002 before this court. Accordingly, this Court directed for fixation of liability and payment of DCRG within three months from the date of receipt of copy of the judgment. Thereafter, 2nd respondent-District Registrar issued Ext.P8 letter dated 26.2.2003 to Sub Treasury Officer to withhold an amount of Rs.76,000/- from appellant's DCRG, that being the dues from appellant towards first respondent-Society. Ext.P9, Liability Certificate was also issued by second respondent on the same day, certifying that appellant's liabilities (w































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