“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 22^ND DAY OF AUGUST 2024 / 31ST SRAVANA, 1946 W.A. NO. 92 OF 2023 AGAINST THE JUDGMENT DATED 22.11.2022 IN WP(C) NO.32957 OF 2022 OF THE HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1 & 2:

1 KERALA STATE COOPERATIVE BANK LTD., PB NO.6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, 695033, REPRESENTED BY ITS MANAGING DIRECTOR.

2 THE GENERAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KOTTAYAM, REGIONAL OFFICE, P.B.NO.140, CENTRAL JUNCTION, KOTTAYAM, PIN – 686001.

BY ADV P.C.SASIDHARAN RESPONDENTS/PETITIONER & 3RD RESPONDENT:

1 MATHEW C.C., AGED 60 YEARS SON OF CHINNAPPAN, RETIRED BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., YENDAYAR BRANCH, CHAMPAKKARA BUILDING, YENDAYAR P.O., KOTTAYAM - 686 514, KOTTAYAM DISTRICT, RESIDING AT CHULLIKKAL HOUSE, KOOTTICKAL P.O., KOTTAYAM - 686 514, KOTTAYAM DISTRICT.

2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE P.O., KOTTAYAM, PIN – 686002.

R1 BY ADVS.

B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK THEJALAKSHMI R.S.

R2 BY SMT VINITHA B., SR.GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR FINAL HEARING ON 12.08.2024, THE COURT ON 22.08.2024 DELIVERED THE FOLLOWING:

“C.R.”

ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.

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W.A.No.92 of 2023 -----------------------------------------------------------

Dated this the 22^nd day of August, 2024

JUDGMENT

P.G.Ajithkumar, J.

The judgment dated 22.11.2022 in W.P.(C) No.32957 of

2022 is under challenge. Ext.P4 order of attachment was sought to be quashed. The further relief claimed was a direction to disburse Rs.6,69,450/-, which was held under attachment as per Ext.P4. The learned Single Judge allowed the writ petition. Respondents No. 1 and 2 in the writ petition assail the said judgment in this appeal filed under Section 5(i)

of the Kerala High Court Act, 1958.

2. Heard the learned counsel for the appellants, the learned counsel for the 1^st respondent and the learned Senior Government Pleader.

3. The 1^st respondent retired as the Manager, Yendayar branch of the 1^st appellant-Bank on 30.04.2022. His pensionary benefits were withheld by the 1^st appellant stating that a huge amount was to be realised from him on account of his dereliction of duty. Hence, he filed W.P.(C) No.15990 of 2021 challenging that order, which was Ext.P6 therein. That writ petition was allowed ordering as follows:

“Ext.P6 issued by the 2^nd respondent in so far as it imposes preconditions therein for payment and disbursement of terminal benefits of gratuity, welfare fund benefits and leave encashment benefits shall stand quashed. The petitioner shall be entitled to arrears of salary consequent to pay revision effected from 01.04.2017 as per G.O. (MS)No.5/2021/Co-op. dated 09.02.2021. The amounts due to the petitioner shall be disbursed within a period of three months from today. The right of the 1^st respondent to initiate proceedings against the petitioner under the provisions of the Co-operative Societies Act and in accordance with law and to recover loss/damages will stand reserved.”

4. In compliance to the said judgment the retiral benefits due to the 1^st respondent were credited to his account. Later, the 1^st appellant approached the 3^rd respondent-Joint Registrar (General), Kottayam seeking an order of attachment before judgment. The Joint Registrar in exercise of his powers under Section 78 of the Kerala Co- operative Societies Act, 1969 (KCS Act) ordered to attach Rs.6,69,450/- from the amount of the retiral benefits of the

1^st respondent. Ext.P4 is the said order.

5. The contentions of the 1^st respondent in the writ petition were two-fold. Firstly, that the retirement benefits, which comprises gratuity, provident fund, welfare fund benefits, leave encashment benefits etc. was not liable for attachment and