- (1.) AFFIDAVIT of service filed today in Court be taken on record. In spite of service none appears on behalf of the respondents, even at the time of second call.
(2.) AFTER considering the submissions made by the learned advocate for the petitioner and upon perusing the instant application, it appears that the subject matter of challenge in the present writ proceeding is a letter dated 8th November, 2012 addressed to the Chief Executive Officer of the writ petitioner Bank by the respondent No.4, being the Assistant Director of Postal Services (Accounts). The impugned letter quotes Rule 73 of CCS Pension Rules 1972 and states that Co -operative Societies are not Government Organisations and any dues to them cannot be treated as dues to Government. The issue in the instant writ application is centered around recovery of dues of the petitioner, which is a Co -operative Bank, from the private respondent No.6, who is a supervisor in the Department of Posts and employed in one of its offices situated within the State of West Bengal.
(3.) THE private respondent No.6 while serving at Krishnagar Head Post Office, had obtained a loan to the tune of Rs. 50,000/ - from Nadia Co -operative Agriculture and Rural Development Bank Ltd., being the writ petitioner. At the time of obtaining such loan, he had entered into an agreement for recovery of loan under section 58 of the West Bengal Co -operative Societies Act, 1983 with the writ petitioner Bank. The agreement clearly states that in case of default, recovery can be made by the Co -operative Bank from the retiring gratuity of the private respondent No. 6.;