IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WA.No. 1668 of 2006(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31130/2005 Dated 02/03/2006 .................... APPELLANT(S): PETITIONER: ------------------------- N.K. PARISHA, W/O. VETTATHUKKATTIL SULAIMAN, VETTATHUKKATTIL HOUSE, THRIKADEERI POST, OTTASPALAM, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM. 2. THE SUB TREASURY OFFICER, OTTAPALAM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA THIRUVANANTHAPURAM. 4. THE HEADMISTRESS, A.U.P. SCHOOL, PANAMANNA, (POST) AMBALAVATTOM, PALAKKAD DISTRICT, PIN-679 501. 5. THE CHERPLASSERY CO-OPERATIVE URBAN BANK LIMITED, F.1696, CHERPLASSERY, PALAKKAD DISTRICT. GOVERNMENT PLEADER SMT.R.BINDU.(R1,R2&R3) SRI.V.K.BALACHANDRAN-R4 SRI.S.SHYAM-R5 SRI.P.VIJAYA BHANU-R4 SRI.P.SANTHOSH (PODUVAL) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1668 of 2006 ---------------------------------------------- Dated 18th January, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. She approached this Court, challenging the refusal on the part of the 4th respondent to release the Death-cum-Retirement Gratuity ('DCRG', for short) due to her, on the motion made by the 5th respondent Bank. 2. The brief facts of the case are the following : The appellant was a teacher under the 4th respondent. She retired from service on 31.5.2005. Her husband was indebted to the fifth respondent, the Cherplassery Cooperative Urban Bank. The appellant was a surety for the loan availed of by her husband from the said Bank. Since her husband committed default, a portion of the salary of the appellant was being recovered. Finally, the DCRG of the appellant was withheld by the Headmistress, at the instance of the Bank, on her retirement. Feeling aggrieved by the said action of the Headmistress, and praying to release the DCRG, the writ petition was filed. 3. The Headmistress and the Bank supported the WA NO.1668/06 2 impugned actions, relying on Ext.R5(a) agreement executed by the appellant/employee and the Headmistress. As per the said agreement, the appellant had agreed for making recovery from her salary and any other fund due to her. The Headmistress also had agreed to effect the recovery from the appellant, at the instance of the Bank. Noticing the above conditions in Ext.R5(a), the learned Single Judge dismissed the writ petition. The learned Judge also noticed the fact that the husband and the wife are living together merrily, and to avoid payment to the Bank, technical contentions are being raised. We find no reason to take a different view. The amount of DCRG of the appellant is also liable to be recovered, in view of the terms contained in Ext.R5 (a). 4. The learned counsel for the appellant tried to rely on Rule 3 part III Kerala Service Rules. We think that the said rule operates on a different plane. The recoveries made under the provisions of the Kerala Cooperative Societies Act and the Rules thereunder, stand on a different footing. The recovery made under the said Act and Rules is not in any way affected by the trammels on the powers of the Government under Rule 3 Part III WA NO.1668/06 3 of the Kerala Service Rules. It is true, the recovery under Section 37 of the above said Act is concerned with the recovery from salary only. But other amounts, including DCRG could be recovered by the Controlling Officer, if there is any agreement to that effect, even in the absence of any support from Section 37. The appellant who had agreed to recovery from any amount due to her, cannot turn round and cry that DCRG is immune from recovery or invoke the discretionary jurisdiction of this Court. In the result, the Writ Appeal fails and it is accordingly dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1668 of 2006 ---------------------------------------------- J U D G M E N T Dated 18th January, 2010.