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2022 Supreme(Ker) 683

DEVAN RAMACHANDRAN
Adhyapaka Urban Co-Operative Bank LTD. – Appellant
Versus
State Of Kerala Represented By Its Secretary, Finance Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioners: George Poonthottam (Sr.), Smt. Nisha George, Sri. Vishnu B. Kurup.
For the Respondents: Government Pleader, Smt. Resmi Thomas-GP

JUDGMENT :

1. The issue projected in this case by the petitioner is a terse one, but which can have deep repercussions on the rights of the Co-operative Societies operating under the Kerala Co-operative Societies Act (KCS Act), to recover amounts disbursed by them to their members, who are or were Government servants.

2. The petitioner, which is an Urban Co-operative Bank, within the ambit of the “KCS Act” and the Rules thereunder, impugns Exhibit P4 order of the Government dated 04.05.2019 – to the extent to which it relates to Co-operative Societies – which appears to inflexibly mandate that, notwithstanding the statutory consent obtained by the Societies from its members at the time when loans were availed of by the latter -to the effect that 'his employer or the officer disbursing his salary or wages shall be competent to deduct from the salary or retiral benefits payable to him by the employer', recovery cannot be affected against his retiral benefits, unless the said person gives another consent for such purpose, at the time of his retirement, to his Drawing and Disbursing Officer.

3. The apprehension of the petitioner, as revealed from the averments in this writ petition and

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