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2026 Supreme(Ker) 484

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Idukki District Police Co-Operative Society – Appellant
Versus
State Of Kerala Represented By The Secretary To Government, Finance – Respondent


Advocates Appeared:
For the Appellant : SHRI.P.C.SASIDHARAN SHRI.AKSHAY VENU
For the Respondent: SHRI.AKHIL RAJ B. SHRI.SRAVAN M.S. SHRI.ARUN RAJ SHRI.VISHNU VIJAYAN
SRI. ANTONY MUKKATH (SR GP)

Table of Content
1. arguments about consent and legality of dcrg deductions (Para 2 , 3 , 4)
2. court's view on amended ksr application and consent validity (Para 5)

JUDGMENT :

GOPINATH P., J.

1. These writ petitions are filed by certain Employees’ Co-operative Societies being aggrieved by the fact that despite there being an agreement as contemplated by the provisions of Section 37 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the '1969 Act') and inspite of the fact that the petitioner-Societies have the right to recover amounts due to it from the Death-cum-Retirement Gratuity (hereinafter referred to as the ‘DCRG’) payable on the retirement of employees who have availed loans from the petitioners-Societies, the competent authority is now refusing to deduct the amounts due to the Societies from the DCRG on account of the amendment to the Rulings under Rule 3 of Part III of the Kerala Service Rules (hereinafter referred to as the ‘KSR’) w.e.f. 01.02.2025, which contemplates that the recovery from the DCRG shall be made only upon obtaining fresh written consent from the employee concerned at the time of his retirement.

2. Sri. P. C. Sasidharan, the learned cou

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