Funds in a Provident Fund are protected from any attachment or recovery, ensuring employee rights to withdraw as per provisions.

J U D G M E N T

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The petitioner, who is an employee of the 3^rd respondent-Society, has approached this Court seeking to command respondents 3 to 6 to disburse to the petitioner the Non Returnable Advance (NRA) portion from her Provident Fund forthwith. The petitioner also seeks to disburse eligible DA arrears as provided under Rule 189 of the Kerala Co-

operative Societies Rules.

2. The petitioner joined the services of the 3^rd respondent-Society as Peon on 01.03.2007. She was promoted as Attender on 01.10.2010. She was again promoted as Junior Clerk on 01.09.2015 and as Senior Clerk on 01.07.2017.

3. While in service, the petitioner was subjected to disciplinary proceedings more than once. One of the disciplinary proceedings is stayed by this Court as per interim order dated 12.04.2023 in W.P.(C) No.13200/2023, which is still pending. The petitioner states that in one of the proceedings, the petitioner was reverted as Junior Clerk. The petitioner alleges that though she is permitted to continue as Junior Clerk, she is made to sit alone in a room in the office without being allotted with any work.

4. The petitioner applied for credit facility from her PF account for the purpose of renovation of her house as per Ext.P3 request dated 02.12.2024. The request was followed by representations and reminders. However, the respondents did not act on the request. In the meanwhile, the 7^th respondent-Bank, from whom the petitioner had availed credit facility, has issued demand notices under Sections 7 and 34 of the Revenue Recovery Act. Though the petitioner approached the 2^nd respondent-Assistant Registrar with complaint, the petitioner was informed that the 2^nd respondent cannot intervene as what is involved is a service dispute. The petitioner therefore seeks to command respondents 3 to 6 to disburse the petitioner with Non Returnable advance (NRA) portion from her Provident Fund and also to disburse eligible DA arrears as provided under Rule 189 of the Kerala Co-operative Societies Rules. 5. Respondents 3 to 6 opposed the writ petition. Respondents 3 to 6 submitted that in 2023, the petitioner had availed Provident Fund advance of ₹4 lakhs and only a portion of that amount was repaid. The petitioner cannot be granted further loan since there is large number of recovery due from her salary. Though the petitioner's gross monthly salary comes to ₹48,039/-, an amount of ₹29,009/- is presently being recovered to satisfy various loans. Net monthly salary paid to the petitioner is only ₹19,030/-.

6. The Society is duty bound to recover the amount and remit the same to the accounts of the Bank from where the petitioner has taken loan. If the loan is granted, she will not be able to pay the same and hence the Society cannot accede to the request of the petitioner. Respondents 3 to 6 further submitted that the claim for arrears of DA is not payable since the petitioner is facing a disciplinary action. The claim of the petitioner is to be remedied invoking Section 69 of the Kerala Co-operative Societies Act and a writ petition is not maintainable.

7. I have heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1, 2 and 8 and the learned Standing Counsel representing respondents 3 to 6.

8. The request of the petitioner is to disburse NRA from her PF account. It is not in dispute that a Co- operative Bank from where the petitioner has availed a loan, has issued revenue recovery notices. Respondents 3 to 6 have denied the advance stating that the petitioner has other liabilities, for the discharge of which respondents 3 to 6 are bound to recover amounts from the petitioner's salary and pay to the creditors.

9. Section 61 of the Kerala Co-operative So