TAMIL NADU ACCOUNTANT GENERAL OFFICE STAFF CO-OPERATIVE CREDIT SOCIETY LTD Vs. ACCOUNTANT GENERAL (A&E)

JUDGEMENT

(1.) The issue to be decided in this writ petition, in nut shell is, whether a Multi State Co-operative Society is entitled to recover the loan dues from the salary of its Members, who are all the employees working under the office of the Accountant General of Tamil Nadu, in the absence of any agreement or authorisation from the Pay Disbursing Officer, office of the Accountant General of Tamil Nadu. The writ petitioner is a co-operative society registered under the Multi State Co-operative Societies Act 2002.

(2.) The grievances of the writ petitioner is that the Co-operative Society was registered for the welfare of its Members, but all the employees are working under the control of Accountant General of Tamil Nadu. The society is functioning based on the By-Laws approved by the General Body and by the Central Registrar of Co-operative Societies. The Society was registered under the Central Act and the over all controlling authority is the Central Registrar of Co-operative Societies under the Act. The Elected Board is administering the society and they are deciding the policy to be adopted for the welfare of its members.

(3.) One of the welfare policies adopted by the Society is providing loans to its members and accordingly, the writ petitioner society is sanctioning loans to its members. For the purpose of sanctioning the loan, the member has to fill up and sign the required application-cum-agreement.