IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 12348 of 2007(T) -------------------------- PETITIONER(S): --------------- 1. M.K.VISWANATHAN, (ELECTRICIAN, REGIONAL WORKSHOP, K.S.R.T.C., KOZHIKODE, RETIRED ON 30.4.2003) 'ANU', MAKKANCHERRY PARAMBA,EDAKKAD WEST HILL P.O, KOZHIKODE. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 2. THE WORKS MANAGER, REGIONAL WORKSHOP, K.S.R.T.C., KOZHIKODE. 3. K.S.T. WORKERS' CO-OPERATIVE SOCIETY LTD., T.133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R3 SRI. JOHNSON P JOHNSON SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12348 of 2007 APPENDIX Petitioners Exhibits: Ext.P1: True copy of certificate issued by 2nd respondent dt.1.1.07 Ext.P2: True copy of Gratuity Payment Order dt.27.11.2006 issued to the petitioner. Ext.P3: True copy of representation dt.2.2.2007 submitted by the petitioner before the 1st respondent Corporation. /True copy/ P.A. To Judge THOTTATHIL B RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 12348 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 J U D G M E N T The petitioner retired from KSRTC. He had availed a loan from the 4th respondent. He states that entire amount were recovered from him by KSRTC, but not paid ot the 4th respondent Society. The 4th respondent has filed a counter affidavit stating, inter alia, as follows: “The pentitioner, Shri M.K. Viswanathan, had availed a loan No. BAL 37244 on 19.3.1999 of Rs. 40,000/- with an undertaking to repay a total amount of Rs. 55,220/- in 44 monthly installments @ of Rs.1,255/- each by way of salary deduction ending on 19.11.2002. Even though the recovery was prompt from the petitioner's side, KSRTC has not remitted the recovered amount to the Society in time, which resulted accrual of an additional amount to the tune of Rs. 13,161/- and the same is seen recovered from the DCRG of the petitioner. The DCRG amount of Rs. 16455/- deducted towards loan account is adjusted as follows: amounts remitted Loan No. 37244 13161 Loan No. 43633(Will Loan) 1758 Notice charge 100 Suspense 1436 WPC.12348 of 2007 : 2 : Therefore, it is humbly submitted that KSRTC may kindly be directed to refund an amount of Rs. 13161/- to the petitioner. The suspense amount of Rs.1536/- retained by the Society has already refunded to the petitioner” In the result, the KSRTC will pay an amount of Rs. 13161/- to the petitioner within a period of three weeks on production of a copy of this judgment. ( THOTTATHIL B RADHAKRISHNAN, JUDGE) jma