NABEESATH M. Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Petitioner is the widow of late Abdul Azees who died on 17.6.2017. Petitioner's husband had retired from service while working as Sub Engineer in the Kerala State Electricity Board (KSEB) and he was a pensioner by virtue of his service in the KSEB. Petitioner was drawing family pension at the rate of 22,547/- per month subsequent to death of her husband.

(2.) The writ petition is filed by the petitioner complaining that the second respondent Bank made recovery from the family pension towards alleged liabilities outstanding against her husband and in this manner a sum of Rs.22,000 was recovered from the family pension on 20.2.2018 and another sum of Rs.6,860/- was recovered on 4.7.2018. Petitioner came to know that the Bank made recovery on the ground that petitioner's husband had availed a loan from the second respondent Bank and Bank had issued Ext.P2 notice dated 7.6.2018 stating that loan had become NPA due to non-payment of monthly installments along with interest. According to petitioner she is not liable to make payment towards the loan availed by her husband.

(3.) The contention of the second respondent bank is that petitioner's husband availed loan amount of Rs.3,00,000/- from the Bank in the year 2014 with the petitioner as guarantor. It is also stated that as per Ext.R2(d) letter of Authority, petitioner's husband had authorised the bank to effect deduction of installments towards loan amount from his pension account.