Petitioner challenged salary deduction as an arbitrary deduction from salary. Bench found debt recovered, thus no further orders needed. Petition dismissed, petitioner's rights reserved.
Petitioner's salary deduction order quashed trial court dismissed petition as debt recovered.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 04TH DAY OF FEBRUARY 2021/15TH MAGHA,1942
WP(C).No.12442 OF 2017(E)
PETITIONER:
R. SHAJI, AGED 52 YEARS, S/O.C.B.RAJAN, KOCHUVILA VEEDU, CHETHADI MURI, MELILA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT.
BY ADVS. SRI.PRATHEESH.P SMT.RENY ANTO
RESPONDENTS:
1 THE KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR-680 003.
4 SEENA S.KUMARAN, THENGUVILAYIL, NANDANAM, EDAKKAD P.O., KOLLAM-691 552.
R1 BY SRI.JACOB P. ALEX, SC, KSFE LTD. R1, R3 BY ADV. SRI.P.C.ANIL KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.12442/2017
2
JUDGMENT
Dated this the 4th day of February, 2021
The petitioner stood as a surety to the 4th respondent in respect of a chitty loan. When the 4th respondent defaulted payment, the 1st respondent-KSFE proceeded against the petitioner.
18,000/-. Deduction of 10,000/- from the salary towards the debt of the 4th respondent is arbitrary and illegal. Therefore Ext.P1 order should be quashed.WP(C)No.12442/2017
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recovery from the salary of the petitioner will be required.
In the circumstances, no further orders are called for in
this writ petition. The writ petition is accordingly dismissed
leaving open the right of the petitioner to proceed against the principal debtor, if he is so advised.
Sd/-
N. NAGARESH JUDGE
ncd/04.02.2021
WP(C)No.12442/2017
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE COPY OF ORDER NO.F3-3083/2017/TELE. DATED 14/03/2017. EXHIBIT P2 THE COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF FEBRUARY 2017.
2 issues framed by the court
Whether the deduction of salary towards debt recovery was arbitrary and illegal.
Whether additional orders are required after the debt is fully recovered.
R. SHAJI
THE KERALA STATE FINANCIAL ENTERPRISES LTD.
SEENA S.KUMARAN
SIBI CHACKO
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court