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2026 Supreme(Online)(Ker) 3951

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
POSTAL, TELECOM, BSNL EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.1940 – Appellant
Versus
UNION OF INDIA, MINISTRY OF COMMUNICATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.SASINDRAN, SRI.P.SHAHEED
For the Respondents: SRI.DAYASINDHU SHREEHARI N.S., SENIOR PANEL COUNSEL, SRI.R.SUDHISH, SRI.S.SADASIVAN, SRI.C.DINESH, CGC

Table of Content
1. petitioner is a co-operative society for former employees. (Para 1 , 2 , 3)
2. claims for debt recovery against dcrg. (Para 4 , 5)
3. government liability debated. (Para 6 , 7)
4. arguments relating to tripartite agreement. (Para 8 , 9)
5. court’s rationale on declarations. (Para 10 , 11 , 12 , 14 , 15 , 16)
6. writ petitions dismissed. liberty to invoke act. (Para 17)

JUDGMENT

Dated this the 15th day of January, 2026

[W.P.(C) Nos.16678 of 2023 and 18930 of 2024]

The petitioner is an Employees’ Co-operative Society, the members of which are former employees of the Post and Telecom Department. The 6th respondent in both the writ petitions were absorbed in the BSNL, when the BSNL was constituted in the year 2000. The 6th respondent in both the cases availed financial advance / loan from the petitioner- Society.

2. While availing the loan, the petitioner obtained a declaration from the 6th respondent who undertook that loan dues can be recovered from their salary / DCRG / pension dues. The 6th respondent in both the writ petitions opted for VRS before their due superannuation date. The 6th respondent did not repay the amount promptly. The petitioner- Society requested the BSN

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