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2015 Supreme(Ker) 1382

IN THE HIGH COURT OF KERALA
P.R. RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ.
ARCHANA T.A. - APPELLANT
Vs.
TRAVANCORE DEVASWOM BOARD AND OTHERS - RESPONDENT
W.A. No. 1022 of 2015
Decided On : 27-05-2015

Advocates Appeared:
For the Appellant : P.K. Babu
For the Respondent: A.N. Rajan Babu, A.N. Santhosh, Joshy Thannickamattam, P.V. Baby

Headnote:

Co operative Societies Kerala Act, 1969 - Section 37 - Fatal Accidents Act, 1855- Claim of employment on compassionate grounds by wife after death of husband - When can be granted - Right to appointment -Held, Compassionate appointment is traceable only to the scheme framed by the employer or any statutory provisions (similar to Rule 51B of Chapter XIVA of the Kerala Education Rules, 1959) for such appointment and there is no right whatsoever outside such scheme or rules appellant has got employment on compassionate grounds on it cannot be contended that, the attachable portion of her salary can be proceeded against for realising the balance amount outstanding in the loan availed from the 4th respondent society.

JUDGMENT :

Anil K. Narendran, J.

The appellant is the petitioner in WP (C) No. 4226/2013. The said writ petition was filed seeking a writ of mandamus commanding the respondents not to recover her salary for the loan arrears of her late husband. She has also sought for a writ of certiorari to quash Ext. P2 communication dated 28/01/2013 of the 3rd respondent, by which the 5th respondent has been directed to take necessary steps to recover from her salary, in equal monthly installments, a sum of Rs. 82,690/- outstanding in the loan availed by her late husband K.G. Raveendran Nair from the 4th respondent Employees Co-operative Society. The sureties to the aforesaid loan have also filed WP (C) No. 7440/2013. The learned Single Judge by judgment dated 24/03/2015, disposed of both the writ petitions holding that the property devolved to the appellant from her late husband can be proceeded against; similarly, the attachable portion of the salary of the sureties can also be proceeded against; and it is up to the award holder society to decide the course of action. The learned Single Judge held further that, the salary of the appellant is proceeded against since she has owned up the liability in Ext. R4(b) undertaking. The learned Single Judge observed that, the appellant obtained compassionate employment on the death of her husband; received a sizable amount as compensation in the motor accidents claim; she has also undertaken to wipe off the liability of her late husband after paying Rs. 10,000/-, and therefore the 4th respondent society is justified in proceeding against the attachable portion of the salary of the widow also. Aggrieved by the judgment of the learned Single Judge, the appellant is before us in this appeal. We heard arguments of the learned counsel for the appellant and also the learned Standing Counsel for the Travancore Devaswom Board.

2. The appellant is working as 'Kazhakam' in Oottupura Ganapathi Devaswom under Thrikkariyoor Group of the Travancore Devaswom Board. Her late husband K.G. Raveendran Nair was an employee of the Travancore Devaswom Board. On 01/10/2004, while working as 'Kazhakam' under Thrikkariyoor Group, he died-in-harness in a motor accident occurred at Coimbatore. On his death, the appellant got appointment as part-time 'Kazhakam' under Thrikkariyoor Group on compassionate ground, vide Ext. P1 order dated 12/06/2006 of the 2nd respondent. While continuing as such, the appellant received a copy of Ext. P2 communication dated 28/01/2013 of the 3rd respondent, by which the 5th respondent has been directed to take necessary steps to recover from her salary, in equal monthly installments, a sum of Rs. 82,690/- outstanding in the loan availed by her late husband from the 4th respondent society. It has been stated in Ext. P2 that, the Secretary of the 4th respondent society has intimated the 3rd respondent that, K.G. Raveendran Nair had availed a loan for Rs. 39,000/- from the society on 04/12/2003 and that the loan amount outstanding together with interest comes to Rs. 82,690/-. On receipt of a copy of Ext. P2, the appellant submitted Ext. P3 representation before the 2nd respondent, contending that the amount outstanding in respect of the loan availed by her late husband cannot be legally recovered from her salary. Therefore, the 2nd respondent was requested to cancel the recovery proposed in Ext. P2 from the salary payable to her. Due to the inaction on the part of the 2nd respondent in acting upon Ext. P3 representation, the appellant has approached this Court in WP (C) No. 4226/2013.

3. The 4th respondent contended that, the late husband of the appellant had availed a loan for Rs. 39,000/- from the society on 04/12/2003, after executing Ext. R4(a) bond dated 29/11/2003. He died in a motor accident on 01/10/2004 at Coimbatore and the appellant received around Rs. 6,00,000/- towards compensation and the aforesaid amount is still with her. She also got appointment under dying-in-harness scheme and is rece





















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