IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 13887 of 2007(C) -------------------------------------- PETITIONER(S): ---------------------- T.K. PADMANABHAN, S/O. GOPALAN, RESIDING AT THEKKENIADETH HOUSE, P.O. KARUVARAKUNNU, MALAPPURAM DISTRICT. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE ADV. MR.T.C.SURESH MENON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERINTHALMANNA. 3. KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LIMITED NO.T.133, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.JOHNSON P.JOHN, SC, K.S.R.T.C. R3 BY ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13887/2007-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DETAILS OF THE MONTHLY DEDUCTIONS SO EFFECTED BY THE SECOND RESPONDENT FROM THE SALARY OF THE PETITIONER DATED NIL. EXT.P2: COPY OF THE JUDGMENT IN WP(C) NO. 24749/2004 ON THE FILE OF THIS HONOURABLE COURT DATED 13/09/2004. EXT.P3: COPY OF THE JUDGMENT IN WP(C) NO. 29066/2005 ON THE FILE OF THIS HONOURABLE COURT DATED 15/10/2005. EXT.P4: COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 01/03/2003. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE STATEMENT OF RECOVERY POSITION OF THE WRIT PETITIONER IN WP(C) NO. 13887/2007. EXT.R3(B): COPY OF THE STATEMENT OF BREKING DETAILS OF PAYMENT RECEIVED BY THE 3RD RESPONDENT IN LOAN NO.BAL 39114. //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13887 OF 2007 ------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT The petitioner was an employee of the Kerala State Road Transport Corporation. He retired. The counter affidavit of the third respondent society shows that it was the KSRTC which made the recovery but it refused to pay to the society amounts which were due to the society as recoverables from the petitioner in terms of Section 37 agreement. The counter affidavit clearly establish that the KSRTC has to return to the petitioner an amount of Rs.17,864/-. Let that amount with interest at 6% from 25.4.2007, the date of this writ petition, be disbursed to the petitioner within a period of 45 days from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/6.