Shircy V., J.

Syndicate Bank, a nationalized bank hereinafter referred to as the Bank is the appellant in this Writ Appeal. The respondent is the widow of one late Julian Gover who was an employee attached to the medical department at Lakshadweep. The respondent had filed Writ Petition, W.P(C) No.21944 of 2015 against the Bank seeking the following reliefs:

(A) Issue a direction or other appropriate order directing the respondent bank to refund/restore the total debited amount of R.1,32,557.00 with interest from 28.2.2015 till the date of realization to the A/c.No.43102010063544 maintained by the petitioner with the Kaloor Branch of the respondent.

(B) Issue such other reliefs as this Hon'ble Court may deem fit and proper to grant in the circumstances of case.”

2. By a judgment dated 28th March 2016, the learned Single Judge has allowed the prayer and directed the Bank to re-credit the amount appropriated in her savings bank account maintained at the Kaloor branch within a period of two weeks. Feeling aggrieved by the said judgment, this appeal has been preferred by the appellant/Bank.

3. We have heard Sri. R.S.Kalkura, the learned counsel for the appellant and Sri. K.V.Vinod, the learned counsel for the respondent.

4. Late Julian Gover while working in the medical department at Lakshadweep had availed a loan of Rs.1,60,000/-on 20.11.2011 from Willingdon Island Branch of the appellant bank, agreeing to repay the same in installments. But, unfortunately he expired on 20.12.2011 even before repaying the first installment which was due on 31.12.2011. One C.K.Surendran, a colleague of late Julian Gover, was the guarantor of the loan transaction. So after the death of Juilian Gover, he insisted for repayment of installments and thus the respondent his widow repaid an amount of Rs.72,800/-. But she could not clear off the entire amount outstanding in the account. While so an amount of Rs.3,38,546/-was credited in her account maintained in Kaloor branch of the Bank being the terminal benefits of late Julian Gover by his department. Later she came to know that an amount of Rs.1,27,468.87 and an amount of 5087.89 were adjusted on different dates by the Bank towards the outstanding loan amount of Julian Gover without the consent or even knowledge of the respondent. Though the pensionary benefits are not liable to be attached, her request to refund the amount was rejected by the Bank and hence she was constrained to approach this Court with the Writ Petition. By the impugned Judgment, the entire amount debited by the Bank was ordered to be refunded to the account of the respondent, as prayed for.

5. The learned counsel for the Bank contended that the bank though made repeated requests to the respondent for repayment of the loan amount, there was default on her side and she did not care to discharge the liability. In fact she approached the bank with a letter dated 23.10.2014 requesting for settlement of the entire transaction on payment of an amount of Rs.10,000/-. By virtue of the said letter, she made herself personally liable and responsible for repayment of the amount and thus the bank noted lien over the account maintained by her by applying the core banking system and gave instructions to debit the amount as and when available and thus the amount was credited to the loan account and still an amount of Rs.29,110/-is due and outstanding as on 31.12.2015. It is further contended by the learned counsel for the appellant that the liability is fastened on the respondent as the terminal benefits of late Julian Gover had been credited to her savings bank account and then the amount deposited had lost the character of pension, thereby no exemption can be made available for the said amount. Therefore, the bank is not liable to refund the amount, is the stand taken by the Bank.

6. Admittedly, late Julian Gover had availed a personal loan for an amount of Rs.1,60,000/-agreeing to repay the loan in 48 equal monthly installments. He expired on