IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 734 of 2008(K) ----------------------------------- PETITIONER: ------------------- VILAPPIL SERVICE CO-OPERATIVE BANK LTD.NO. 2522, MAIN BRANCH PEYAD, TRIVANDRUM, REPRESENTED BY ITS BRANCH MANAGER, RICHARDSON.S. BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ------------------------ 1. THE PRINCIPAL, RAJEEV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. 2. V.J.SURESH KUMAR, TRADES MAN, RAJEEV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. R1 BY GOVERNMENT PLEADER SRI. K. SANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.734/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALARY CERTIFICATE ISSUED BY THE R.1. TO THE PETITIONER BANK DT. 28/09/1998. EXT.P.2: COPY OF THE REQUISITION LETTER ISSUED BY THE PETITIONER TO THE R.1. DTD. 15/01/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.734/2008-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of December, 2010 J U D G M E N T The petitioner-Co-operative Bank seeks for a direction to the first respondent to deduct the permissible amount from the salary of the second respondent towards the dues in Chitty Nos.8/93 and 9/93 and pay the same to the petitioner forthwith. 2. In the counter affidavit filed by the first respondent it is stated that the second respondent has been promoted and transferred to Rajiv Gandhi Institute of Technology as Trade Instructor and joined there on 11/11/1998 and has been transferred as such to the College of Engineering, Thiruvananthapuram on 05/07/2002 and the recovery could not be effected since the incumbent was not in the rolls of the Institution during that period. It is upto the petitioner to take appropriate action as permissible under law. Leaving open the said remedy, the writ petition is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms