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. 12346 of 2007(T) -------------------------- PETITIONER(S): --------------- T.K.VIJAYAN, S/O. KOCHUMANI, THAIVALAPPIL HOUSE, ADICHILI, KUNNAPPILLY P.O., THRISSUR DIST. (VEHICLE SUPERVISOR-RETIRED, K.S.R.T.C., CHALAKUDY). BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON SRI.K.P.JUSTINE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., CHALAKUDY. 4. THE SECRETARY, K.S.T.WORKER'S CO-OPERATIVE SOCIETY LTD. NO.T133, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12346 of 2007 APPENDIX Petitioners Exhibits: Ext.P1: True copy of the relieving order no. E1.1621/02/CLDY dt. 27.5.2003 issued to the petitioner Ext.P2: True copy of certificate dt.11.6.2003 received from the 3rd respondent showing the recovery of Rs.7,320/- Ext.P3: True copy of the demand notice dt.17.1.2007 sent to the petitioner by the 4th respondent demanding to pay Rs.13,108/- Ext.P4: True copy of the reply dt.27.1.2007 sent to the 4th respondent. /True copy/ P.A. To Judge THOTTATHIL B RADHAKRISHNAN , J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 12346 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 the entire amount were recovered from him by KSRTC, but not paid to the 4th respondent Society. The 4th respondent has filed a counter affidavit stating, inter alia, as follows. “The petitioner, Shri. T.K. Vijayan, had availed a loan No. BAL 34822 on 15.12.1997 of Rs. 35,000/- with an undertaking to repay a total amount of Rs.47,320/- in 40 monthly installments @ of Rs. 1,183/- each by way of salary deduction ending on 15.4.2001. It appears that the recovery of monthly installments were regular as per loan schedule. But the recovered amounts were not remitted by the KSRTC to the Society in time which resulted in accumulation of interest for Rs. 12,684/- as on 15.4.2007. As soon as the amount is paid, the account can be closed and share amount released. 2. The pleadings of the 4th respondent are not contradicted. 3. In the result, the KSRTC is directed to pay to the 4th respondent an amount of Rs. 12,684/- as on 15.4.2007 with WPC.12346 of 2007 : 2 : interest due thereon. All recovery proceedings against the petitioner will stand quashed and the KSRTC will release to the petitioner any amount still outstanding with it, without giving effect to any recovery on account of the transaction with the 4th respondent. Payment as above shall be made within a period of 45 days from the date of receipt of a copy of this judgment. ( THOTTATHIL B RADHAKRISHNAN, JUDGE) jma