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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Thiruvananthapuram District Govt. Servants Co-operative Society Ltd. – Appellant
Versus
Medical Officer – Respondent
| Table of Content |
|---|
| 1. failure of authorities to recover loan amounts from dcrg as per valid statutory agreements. (Para 1 , 2) |
| 2. non-retroactive application of service rule amendments to valid existing loan recovery agreements. (Para 3 , 5) |
JUDGMENT The petitioner has approached this Court being aggrieved by the fact that despite there being a valid agreement executed by respondents 3, 4 and 5 under Section 37 of the Kerala Co-operative Societies Act, 1969 (in short ‘the 1969 Act’), recoveries towards the loan availed by the 3rd respondent on the strength of the surety of respondents 4 and 5 are not being recovered from respondents 3, 4 and
5 despite request.
2. Despite service of notice, there is no appearance for respondents 3, 4 and 5.
3. The learned counsel appearing for the petitioner submits that 3rd respondent has already retired from service. However, due to the interim order dated 10.04.2025, the DCRG of the 3rd respondent has not been disbursed. It is submitted that this Court in Idukki District Police Co-operative Society Ltd. v. State of Kerala ; 2026 KHC OnLine 96, has taken the view that the amendment to the note below Rule 3 of Part III of the Kerala Service Rules (in shor
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