1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.94 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.Devi, Junior Assistant, Government Industrial Training Institute, K.Pudur, Madurai-07. : Petitioner Vs. 1.The Special Officer, Y.T.68, Employment and Training Department, Employees' Co-operative Thrift and Credit Society Ltd., Government I.T.I., Tiruchirapalli-14. 2.The Deputy Director/Principal, Government Industrial Training Institute, Pudur, Madurai. 3.Regional Joint Director (Training), O/o.Regional Joint Director (Training), Plot No.9, Sumathi Illam, 1st East Street, K.K.Nagar, Madurai-20. 4.S.Prema 5.S.Priya 6.Minor Prethi 7.Minor Brindha [Minor respondents 6&7 represented by their mother and natural guardian of Tmt. S.Prema the fourth respondent] [Respondents 4 to 7 impleaded as per the order of this Court dated 24.01.2011 made in M.P.(MD)No.3 of 2011 by VDPJ] : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari, to call for the record pertaining to the impugned order passed by the first respondent dated 24.05.2010 and quash the same. For Petitioner : Mr.P.Natarajan For Respondent No.1 : Mr.S.Seenivasagam For Respondent No.2 : Mr.V.Rajasekaran, Special Government Pleader For Respondents 3to7: No Appearance https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER Challenging the impugned order of the first respondent dated 24.05.2010, seeking to recover a sum of Rs.2,05,631/- from the salary of the petitioner, the present Writ Petition is filed. 2. The short facts of the case is set out hereunder: The petitioner's father one Thiru M.Sivakumar was working as Store Keeper in the office of the Government Industrial Training Institute, Trichy. On 13.06.2003, he has obtained loan of Rs.1,00,000/- from the first respondent Society and he died on 09.09.2004. The petitioner's mother died on 09.12.1987. Subsequently, her father married one Prema on 26.06.1990. She is presently residing in the house, which was built up by the father of the petitioner. The value of the said house is about Rs.9,00,000/-. The said Prema is living in one portion and let out the other three portions for rent. She is also getting the family pension. That apart, an award has been passed against the said Prema for the loan obtained by the petitioner's father. While so, the respondents are trying to recover the loan amount from the petitioner. The reason that has been stated is that the petitioner has got employment on compassionate ground and hence, the amount has to be recovered from her salary. Hence, the petitioner has approached this Court by filing the present Writ Petition for the reliefs stated earlier. 3. Counter-affidavit has been filed on behalf of the second respondent, wherein it has been pointed out that the petitioner has got an employment on compassionate ground and hence, the loan amount has to be recovered from her salary. 4. On the basis of the above pleadings, I have heard the learned counsel appearing for the petitioner, the learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the second respondent. 5. It is not in dispute that the petitioner's father was working as Store Keeper in the office of the Government Industrial Training Institute, Trichy and he died on 09.09.2004. While he was in service on 13.06.2003, he has obtained a loan of Rs.1,00,000/- from the first respondent Society. The petitioner, admittedly, has got employment on compassionate ground. 6. After the death of the petitioner's mother in the year 1987, her father married one Prema on 26.06.1990. It is stated that the said Prema is residing in the house built up by her father and getting rental income, apart from the pension. It is further stated that an award has been passed against the said Prema on an action taken by the Society for recovery of the loan. In such circumstances, there is no justification on the part of the respondents to recover the amount from the petitioner through her salary. When an award has been passed against the said Prema, the second wife of the deceased, there is absolutely no reason to recover the amount from the salary of the petitioner. In fact, the said Prema has executed a letter in favour of the respondents, agreeing for recovery of the money from the death benefits of the deceased. However, without https://hcservices.ecourts.gov.in/hcservices/ 3 withholding DCRG amount for recovering the loan obtained by the petitioner's father, the said Prema was allowed to withdraw that amount. 7. Considering the above facts and circumstances of the case, I am inclined to set aside the impugned order of the first respondent dated 24.05.2010 and accordingly, set aside and in fine, the Writ Petition stands allowed. Consequently, the connected miscellaneous petitions are closed. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR SML To 1.The Special Officer, Y.T.68, Employment and Training Department, Employees' Co-operative Thrift and Credit Society Ltd., Government I.T.I., Tiruchirapalli-14. 2.The Deputy Director/Principal, Government Industrial Training Institute, Pudur, Madurai. 3.The Regional Joint Director (Training), O/o.Regional Joint Director (Training), Plot No.9, Sumathi Illam, 1st East Street, K.K.Nagar, Madurai-20. 1CC TO MR P. NATARAJAN, ADVOCATE, SR: 13250: DM:2011::MAY:03:: Order made in W.P.(MD)No.94 of 2011 3P:5C:: https://hcservices.ecourts.gov.in/hcservices/