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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
Headnote: Read headnote
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 lack of a tripartite agreement precludes the Central Government from deducting dues from DCRG payable to absorbed employees.
Amended regulations on deductions from retirement gratuity do not apply retroactively to loans granted before their enactment, preserving previously established employee consents.
Written consent is essential for the recovery of debts from a Government employee's D.C.R.G.
Section 48 of the Tamil Nadu Cooperative Societies Act allows recovery of loan dues from a guarantor's gratuity, overriding other laws.
Gratuity cannot be attached for recovery of debts as per statutory provisions, emphasizing the unenforceability of agreements contrary to the Payment of Gratuity Act.
Pension is considered a property right and cannot be withheld without proper legal authority or due process, even in cases of suretyship for loans.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
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