IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 26462 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------- 1. T.K.NANDANAN, JUNIOR ASSISTANT, KSRTC (LAW SECTION), ERNAKULAM. (KSRTC QUARTERS NO.1, THEVARA, COCHIN-682 013). 2. SUJATHA M.B., KARAKKATTUPARAMBIL HOUSE, PULIYANAM P.O., ANKAMALY. (JUNIOR ASSISTANT, KSRTC, ANKAMALY). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE SECRETARY, KERALA STATE TRANSPORT WORKERS, CO-OPERATIVE SOCIETY NO.T-133, THAMPANOOR, THIRUVANANTHAPURAM-1. 3. SMT. SARAMMA PHILIPOSE, W/O. K.M.PHILIPOSE (LATE), DRIVER, MALA, KODINJAVELIL HOUSE, MEKKAD P.O., NEAR KAMCO, ANKAMALY-683 589. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM.PIN-682 018 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ANKAMALY.PIN-683 572 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALA.679 534 R1, R4 TO R6 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC R2 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.26462/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE EMPLOYMENT CERTIFICATE ISSUEDBY THE RESPONDENT CORPORATION TO THE PETITIONERS DATED 3/8/2010. P2 COPY OF THE ATTACHMENT ORDERS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 31/12/2009. P3 COPY OF THE LEGAL NOTICE DATED 2/8/2010 ISSUEDBY ADV.N.P.PRABHAKARAN TO THE PETITIONERS. P4 COPY OF THE ORDER DATED 15/6/2010 IN WP(C)NO.18554/2010 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE LOAN APPLICATION NO.5880 DATED 29/5/2001. R2(B) COPY OF THE SURETY BOND DATED 14/6/2001. R2(C) COPY OF THE CONSENT LETTER DATED 14/6/2001 ISSUED BY THE K.M. PHILIPOSE. R2(D) COPY OF THE CONSENT LETTER DATED 14/6/2001 ISSUED BY T.K.NANDANAN. R2(E) COPY OF THE CONSENT LETTER DATED 14/6/2001 ISSUED BY M.B.SUJATHA. R2(F) COPY OF THE CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO-OPERATIVE. R2(G) COPY OF THE STATEMENT OF ACCOUNT AGAINST LOAN NO.BAL-41322. /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. ........................................... W.P.(C).NO.26462 OF 2010 ............................................. Dated this the 23rd day of May, 2011. JUDGMENT Petitioners stood as sureties to late Sri. K.M. Philipose, husband of the 3rd respondent, to avail a loan of Rs.56,500/- on 14.6.2001 from the 2nd respondent society. On default of the loan amount, second respondent initiated action for realisation of the amount due towards the said loan account. Consequently that resulted in recovery from the salary of the petitioners. 2. While so, the husband of the 3rd respondent retired from service on 3.7.2008 and later, expired on 11.5.2010. It is in the said circumstance that the petitioners have approached this Court by filing this writ petition mainly seeking issuance of writ of mandamus commanding the first respondent not to release the pensionary benefits of late Sri. K.M. Philipose, husband of the 3rd respondent to his legal heirs and also to issue a direction to the first respondent to recover outstanding dues towards the said loan account from the DCRG of the deceased employee and transfer the W.P.(C).NO.26462 OF 2010 : 2 : same to the 2nd respondent society to discharge his liabilities. 3. Notice has been served on the 3rd respondent. She has not chosen to enter appearance and to contest the matter. Second respondent has filed counter affidavit in the writ petition. In para 4 of the said counter affidavit, it is stated that as on 26.8.2010 an amount of Rs.85,275/- was outstanding. Learned counsel appearing for the 2nd respondent submitted that appropriate direction may be given to the 1st respondent to recover the said amount from the DCRG of the deceased employee and to remit it to the second respondent to enable the society to settle the loan transaction of late Sri. K.M. Philipose. 4. As already noticed, there is no appearance for the 3rd respondent. It is pertaining to note that in the counter affidavit filed by the second respondent, it is specifically stated in the light of Exts.R2(B) to R2(E) that the deceased employee had given consent to effect recovery of amount that fell due on account of the said loan transaction from any amount due from the KSRTC. It is further submitted that his legal heirs cannot, therefore, legally raise any W.P.(C).NO.26462 OF 2010 : 3 : objection for the recovery. Since the liability as also the factum of execution of the aforesaid agreement carrying such consent stand undisputed, I am of the view that this writ petition can be disposed of directing the 1st respondent to deduct an amount of Rs.85,275/= from the retirement benefits of the deceased employee including the DCRG and remit the same to the second respondent to enable it to close the said loan transaction. It is ordered accordingly. This shall be done expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Needless to say that balance amount payable to the deceased employee shall be disbursed to the legal heirs in accordance with law. Sd/= C.T. RAVIKUMAR, JUDGE. /true copy P.S. to Judge. cl