IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 23189 of 2007(I) ------------------------------------ PETITIONER: ------------------- K.SREEDEVI, SURABHI, K.R.PURAM P.O., CHERTHALA.(WORKING AS SECTION OFFICER, DEPT. OF MARINE BIOLOGY, COCHIN UNIVERSITY. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ------------------------ 1. THE PALLIPPURAM RURAL HOUSING CO-OPERATIVE SOCIETY LTD. NO.A 685, K.R.PURAM P.O., CHERTHALA, REPRESENTED BY ITS SECRETARY. 2. HEAD OF THE DEPARTMENT, DEPARTMENT OF MARINE BIOLOGY, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN-16. 3. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KALAMASSERRY. 4. PALLIPPURAM PARAMESWARA KURUP, SURABHI, K.R.PURAM P.O., CHERTHALA. R2 & R3 BY ADV. SRI.SUNIL CYRIAC, SC, COCHIN UNIVERSITY SMT.ROSAMMA MATHEW R4 BY ADV. SRI.MATHEWS K.UTHUPPACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23189/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 3.1.07 ISSUED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETY ALLEPPEY. EXT.P2:- COPY OF THE LETTER ISSUED BY THE SECRTARY OF THE IST RESPONDENT DT. 4.7.07 TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 23189 of 2007-I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 13th day of February, 2008 J U D G M E N T Petitioner challenges Ext.P2 by which a Credit Co-operative Society has requested the employer of the petitioner to effect recovery from the salary and other outstandings due to the petitioner. 2. The employer-CUSAT has filed a statement stating that it has not effected any recoveries or deductions, particularly, when no outstanding loan amount is reported to the University by the first respondent against the petitioner. 3. In the counter affidavit of the Credit Co-operative Society, but for the assertion that the consent of the petitioner is not necessary to effect recovery from his salary, no agreement under Section 37 of the K.C.S Act is held out. Obviously, therefore, there cannot be any recovery against the petitioner's salary by merely representing to her employer. W.P.(C).No.23189/2007-I -: 2 :- Under such circumstances, the respondents cannot effect any recovery from the salary or the pensionary benefits of the petitioner on account of any request of the first respondent. It is so declared and the writ petition is allowed accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge ms