13.05.2025 Item No A 1007 Saswata WPA 24928 of 2024 Madhyamgram Urban Co-operative Credit Society Limited versus The State of West Bengal & Ors. Mr. Soujanya Bandyopadhyay …For the petitioner Mr. Arjun Roy Mukherjee Mr. Ashok Kr. Sarkar …For the State Mr. Srijan Nayak Mr. Ankit Sureka Mr. Biplab Das …For the respondent no. 2 1. Affidavit of service filed in Court today is retained with the record. 2. The present writ petition has been filed, inter alia, praying for a direction upon the respondent authorities particularly on the respondent no. 4 to deduct a sum of Rs.2,44,619/- along with accrued interest from the respondent no. 6 as the guarantor in respect of the loan obtained by the respondent no. 5 from the petitioner which is a cooperative credit society. 3. Records would reveal that the respondent no. 5 had entered into a financial agreement with the petitioner for securing a loan of Rs.50,000/-. 4. Mr. Bandyopadhyay, learned advocate appearing for the petitioner by placing before this Court a circular issued by the S.I. of schools, Madhyamgram Circle, North 24 Parganas submits that by such circular the S.I. of schools had granted No objection to the petitioner for granting loan in favour of the respondent no. 5. By referring to the provision of Section 59 of the West Bengal Cooperative Societies Act, 2006 (hereinafter referred to as the “said Act”) it is submitted that having regard to the provision contained therein, if a member of the cooperative society executes an agreement in favour of the cooperative society providing that his employer or the drawing and disbursing 2 officer where applicable shall be competent to deduct from the salaries or wages and retiring gratuity or death gratuity payable to him by such employer or the drawing and disbursing officer where applicable such amount as may be specified in the agreement and to pay the amount to the cooperative society in satisfaction of any debt, such agreement being statutory agreement, is enforceable before this Court. 5. By drawing attention of this Court to the loan agreement it is submitted that the loan had been obtained by the respondent no. 5 and in the said agreement the respondent no. 6 is the guarantor and having regard to the provision of Section 59 of the said Act, he insists that the D.I. of schools, being the respondent no. 3 should deduct the outstanding amount payable by the respondent no. 5 from the salary of the respondent no. 6. 6. Having heard the learned advocates appearing for the respective parties and considering the materials on record, I find that on the petitioner’s own showing the respondent no. 6 did not obtain any loan however, the respondent no. 6 is a guarantor in respect of such loan. The respondent no. 6 at no point of time had executed any agreement as provided for under Section 59(3) of the said Act. The certificate disclosed by the petitioner appearing at page 17 of the writ petition is only a certificate issued by the S.I. of Schools, Madhyamgram Circle, North 24 Parganas, certifying that the respondent no. 6 is a bonafide teacher and that he has no objection if the said teacher obtains any loan. The said document, in my view does not 3 constitute an agreement within the meaning of Section 59(3) of the said Act. 7. Having regard thereto, I do not find any merit in the instant writ petition and the same is accordingly dismissed. 8. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)