Vilappil Service Co-Operative … vs The Assistant Engineer on 22 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 350 of 2008(N)


1. VILAPPIL SERVICE CO-OPERATIVE BANK LTD.
                      ...  Petitioner

                        Vs



1. THE ASSISTANT ENGINEER,
                       ...       Respondent

2. N.KRISHNANKUTTY NAIR,

3. V.PARASURAMAN,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :SRI.C.UNNIKRISHNAN, SC, KWA

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :22/01/2008

 O R D E R
            THOTTATHIL.B.RADHAKRISHNAN, J.
                 ---------------------------------
                   W.P(c)No.350 OF 2008
                ------------------------------------
            Dated this the 22nd day of January, 2008

                           JUDGMENT

Exts.P1 and P2 are the salary certificates of respondents 2

and 3 in which the first respondent, the disbursing officer agreed

to deduct in terms of Section 37 of Kerala Co-operative Societies

Act. However, the agreement between the parties as discernible

from Exts.P1 and P2 is only for deduction from salary and not

from any other amounts. Going by the averments in the writ

petition, respondents 2 and 3 have retired from service. Under

such circumstances, there cannot be any recovery invoking

section 37 of the Act. Writ Petition fails and the same is

dismissed.

THOTTATHIL.B.RADHAKRISHNAN
JUDGE

sv.