IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 35153 of 2008(I) --------------------------------------- PETITIONER(S): ----------------------- K. SASIDHARAN NAIR, S/O. KUNJUKRISHNA PILLAI, MAYABHAVAN, MUTHYACODE, ARYANAD, VADAKKUMKARA, MARANGAD.P.O, NOW RESIDING AT SARANYA BHAVAN, EDAMARANGAD, MARANGAD.P.O, ARYAMAD, THIRUVANANTHAPURAM DISTRICT (DRIVER - RETIRED - K.S.R.T.C ARYANAD) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURM - 23. 2. THE FINANCIAL ADVISORY AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSORT BHAVAN, FORT.P.O, THIRUVANANTHAUPRAM - 23. 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C, ARYANAD. 4. THE SECRETARY, K.S.T WORKERS' CO-OPERATIVE SOCIETY LTD. NO. 5 133, 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 R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ----------------------- W.P.(C) NO.35153 OF 2008 (I) -------------------------------- Dated this the 5th day of January, 2009 J U D G M E N T Petitioner retired from the service of Kerala State Road Transport Corporation on 28-2-2005. While in service, he had availed a loan of Rs.40,000/- from the fourth respondent society. The instalments of repayment of that loan was being deducted from the petitioner's salary every month. Apart from that, the petitioner also stood as surety for a loan availed by Sri.A.Mohammed Moideen, another employee of KSRTC for a like amount. The instalments of repayment of that loan was also deducted from the petitioner's salary every month. But the respondent Corporation did not remit the amounts so recovered from the salary of the petitioner to the society in time. As a result, the society initiated proceedings for recovery of penal interest for delayed payment of the instalments and addressed the KSRTC for the same. On receipt of the same, the KSRTC withheld the said amount from the DCRG due to the petitioner. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs:- W.P.(C) No.35153/2008 - 2 - (i) to call for the records of this case; (ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondents to sanction and disburse the Death Cum Retirement Gratuity and Commutation Value of Pension due to the petitioner, who retired on 28-02-2005. (iii) to issue a writ of certiorari to quash all the proceedings initiated against the petitioner as per Exts.P2 and P4 demand notices and (iv) to issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to pay whatever amount if any, due to the 4th respondent society by way of additional interest/penal interest due to it for the belated remittance of the amounts recovered as per Exts.P5 and P7 to the society. 2. I have heard the learned counsel for the petitioner, learned standing counsel for KSRTC and the learned counsel appearing for the fourth respondent. 3. It is not disputed before me that the instalments due to the society in repayment of the loan amounts have been deducted from the petitioner's salary every month. That being so, the delay in repayment cannot be attributed to the petitioner. The amounts to be paid to the society was not paid by the KSRTC after deducting the same from the salary of the petitioner. Justification put forward by the KSRTC for non-payment is financial difficulties. Financial difficulties W.P.(C) No.35153/2008 - 3 - of KSRTC is no justification to withhold remittance of the amounts deducted from the salary of the petitioner for payment to the society, which they have done. Therefore, the interest if any, arising from such delay in payment has to be borne by the KSRTC itself. It has been so held by a decision of Division Bench of this Court also. The learned counsel for the KSRTC submits that the entire retirement benefits due to the petitioner have already been disbursed, without any deduction. The learned counsel for the society submits that the amounts due to them are not being paid by the KSRTC. If that be so, it is for the society to proceed against the KSRTC for recovery. Without prejudice to that right, this writ petition is closed by recording the submission of the learned standing counsel of KSRTC that the retirement benefits due to the petitioner has been disbursed. Sd/- S. SIRI JAGAN, JUDGE skr // True copy // P.A. to Judge.