SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking to quash Ext.P2, whereby the salary of the petitioner is sought to be attached on account of the amounts due from her deceased husband, P.K. Reji Kumar. Material facts for the disposal of the writ petition are as follows:

2. Petitioner is working as Peon in the 1st respondent Corporation at its Punalur depot, for the last three years. She secured employment on compassionate grounds, consequent to the death of her husband, who worked as a Driver with the 1st respondent Corporation. Petitioner received a notice from the 4th respondent that an amount of Rs.2,120/- is to be attached from her salary towards recovery of the loan availed by her husband, late Reji Kumar. According to the petitioner, petitioner has not executed any agreement with the 3rd respondent Society, enabling respondents 3 and 4 to attach the salary of the petitioner. Moreover, it is contended that, securing compassionate appointment is not a succession by the petitioner to the estate of the deceased. Therefore, according to the petitioner, Ext.P2 can never be sustained, and it is liable to be quashed.

3. Third respondent has filed a counter affidavit refuting the statements and claims and demands raised by the petitioner. That apart, it is contended that, late Reji Kumar was a member of the 3rd respondent society, while in service of the 1st respondent Corporation and he availed a loan of Rs.52,000/- from the society, on executing a security bond, agreeing to effect recovery of the amount from the benefits including amount payable by the 1st respondent to his legal heir, in case of death, and default of repayment of the loan, evident from Ext.R3(a) security bond. Since the principal debtor defaulted the loan amount and since he died, notices were issued to the petitioner. However, the petitioner did not respond to the same. Thereupon, 3rd respondent initiated arbitration proceedings against the petitioner and sureties under Section 69 of the Kerala Co-operative Societies Act, 1969, through the 4th respondent arbitrator and secured an award on 13.12.2011, to recover an amount of Rs.95,803/- with interest and cost from the petitioner and others, evident from Ext.R3 (c). Thereafter, the society has filed Ext.R3(d) execution application and in accordance with the motion made by the 3rd respondent society, attachment of salary of the petitioner at the rate of Rs.2,120/- per month is ordered. Therefore, according to the 3rd respondent, the challenge made against Ext.P2 cannot be sustained under law. That apart, it is contended that, since the petitioner secured compassionate employment as a Peon under the 1st respondent, she is liable to the debt of her husband, and no manner of interference is warranted, as is sought for in the writ petition. Other contentions are also raised controverting the statements and allegations made by the petitioner.

4. Heard learned counsel for the petitioner, learned Standing Counsel for the Corporation, learned Government Pleader and the learned counsel appearing for the 3rd respondent. Perused the documents on record and the pleadings put forth by the respective parties.

5. The question arises for consideration is, whether the salary received by the petitioner on the basis of the compassionate appointment made due to the death of her husband can be treated as an estate 'of' the deceased in order to shoulder the liability on the petitioner, as a legal representative of the deceased Reji Kumar? Section 37 of the Kerala Co-operative Societies Act, 1969, provides that, notwithstanding anything contained in any law for the time being in force, a member of a society, may execute an agreement in favour of the society providing that his employer or the officer disbursing his salary/wages shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement and to pay the amount so deducted to the soc