IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 22752 of 2011(T) -------------------------------------- PETITIONER: ------------------- SAROJAM ANTONY, 53 YEARS, W/O.LATE M.J.ANTONY, RESHMIVILLA, MARIYAPPILLY P.O., NATTAKKAM, KOTTAYAM DISTRICT. BY ADVS. SMT.A.G.ANEETHA, SRI. KABANI DINESH. RESPONDENT: ---------------------- CHIEF MANAGER, STATE BANK OF INDIA, P.B.NO.173, K.K.ROAD, KOTTAYAM-686 001. BY ADV. SRI.P.V.SURENDRANATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.22752/2011-T: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE APPLICATION DT. 03/03/2011 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P.2: COPY OF THE REPLY DT. 10/03/2011 SENT BY THE RESPONDENT TO THE PETITIONER. EXT.P.3: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER DT. 19/02/2011. RESPONDENT'S EXHIBITS:- EXT.R1.A: COPY OF THE APPLICATION CUM AUTHORITY LETTER EXECUTED BY PETITIONER'S HUSBAND AND PETITIONER. EXT.R1.B: COPY OF THE AUTHORIZATION/CONSENT LETTER ISSUED BY THE PETITIONER ON 16/02/2011 AUTHORIZING THE RESPONDENT TO DEDUCT RS.2,800/- MONTHLY FROM HER SBI ACCOUNT OF FAMILY PENSION FROM 01/03/2011. EXT.R1.C: COPY OF THE WITHDRAWAL SLIP DTD. 16/02/2011 SUBMITTED BY THE PETITIONER FOR WITHDRAWING RS.2,100/-. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22752 of 2011 T ``````````````````````````````````````````````````````````` Dated this the 23rd day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner's deceased husband was an employee of the respondent Bank. After retirement, on 29.12.2008 he expired. Thereafter, petitioner was receiving family pension up to December, 2010. It is stated that, from January, 2011, out of the total family pension of `3,500/-, `2,800/- is recovered by the Bank and only `700/- is released to the petitioner. According to the petitioner, this recovery is illegal and, therefore, this writ petition is filed. 2. Respondent has filed a counter affidavit producing Ext.R1(a), an application made by the deceased, to which petitioner is the guarantor based on which a loan was availed of by the deceased. This application was for availing of loan under the Loan to Pensioners Scheme and there was a specific authorisation entitling the Bank to recover `2,752/- from the pension payable. The Bank has W.P.(C) No.22752/2011 : 2 : also produced a copy of the letter allegedly given by the petitioner authorising the Bank to deduct `2,800/- per month from the family pension. 3. In the light of the documents thus produced by the Bank, it cannot be said that the recovery now effected is unauthorised. However, there is substance in the grievance of the petitioner that family pension being the only source of livelihood of the family of the deceased, in view of the recovery effected, they are in virtual penury. In the counter affidavit filed, the Bank has offered to consider any request from the petitioner for reduction of the monthly recovery. Since the recovery is effected and the rate thereof is on the basis of mutual agreement between the parties, any modification to the rate of recovery can also be only by agreement between the parties. 4. Therefore, having regard to the difficulties expressed by the petitioner and the offer made by the Bank, I direct that the petitioner will approach the respondent by W.P.(C) No.22752/2011 : 3 : making an appropriate representation for reduction of the monthly recovery, in which event, the same should be favourably considered. The petitioner will make a representation within two weeks from today, in which event, necessary orders will be passed thereon within two weeks thereafter. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/11 // True Copy // P.A. To Judge