IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 34096 of 2006(H) -------------------------- PETITIONER: --------------- K.K.MATHEW, S/O.KURIAKOSE, (MECHANIC (RETD.), K.S.R.T.C.), KOCHUVEETTIL HOUSE, CHAMMAMPUTHAL, VAZHOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23, REP. BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, K.S.R.T.C., CHIEF OFFICE, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 3. ASST. ACCOUNTS OFFICER (PENSION), K.S.R.T.C., CHIEF OFFICE, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., PALA. 5. THE SECRETARY, KERALA STATE ROAD TRANSPORT WORKER'S CO-OP. SOCIETY LTD. NO. T-133, THIRUVANANTHAPURAM. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1-4 ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.34096 of 2006 --------------------------------- DATED THIS THE 27th DAY OF JULY, 2010 JUDGMENT The petitioner retired from the service of the 1st respondent- Corporation as a Mechanic from its Depot at Pala. The petitioner had availed a loan while he was in service from the 5th respondent- Society and the 2nd respondent had been recovering the instalments from the salary of the petitioner. By Exhibit P3 the petitioner was directed to pay to the Society an amount of Rs.13,702/- within 15 days. It is in these circumstances that this Writ Petition has been filed challenging the recovery steps by contending that already the KSRTC has recovered the amounts from the petitioner's salary, but they have failed to remit it to the Society concerned. 2. Heard the learned counsel for the 5th respondent- Society and the learned Standing Counsel for the 1st respondent- Corporation. 3. In the counter filed by the 5th respondent-Society, it is stated that a total amount of Rs.13,266/- is liable to be paid by the KSRTC . Since the KSRTC had deducted it from the salary of W.P.(C)No.34096/06 -2- the petitioner under the Kerala Co-operative Societies Act based on the undertaking given by the petitioner, KSRTC has to return the said amount. But so far the amount has not been paid. 4. The above aspects are not in dispute by the Corporation also. 5. Therefore, the Writ Petition is allowed. The amount recovered from the salary of the petitioner to the tune of Rs.13,266/- will be disbursed to the 5th respondent-Society by the first respondent- Corporation within a period of one month from the date of receipt of a copy of this judgment. The learned counsel for the 5th respondent submitted that on getting the amount from the KSRTC, the loan account can be closed and the share amount will be released to the petitioner. T.R.RAMACHANDRAN NAIR, JUDGE. dsn