IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30319 of 2011(L) -------------------------- PETITIONER: --------------- K.SIVASANKAR, KRISHNA VILAS, PERINJOTTAKKAL P.O., KONNI, PATHANAMTHITTA DISTRICT. (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETD. ON 31.5.04 FROM PATHANAMTHITTA). BY ADV. MR.K.P.JUSTINE (KARIPAT) RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA. 4. THE SECRETARY, KERALA STATE ROAD TRANSPORT EMPLOYEES CO-OP. SOCIETY LTD.NO.T.133, THIRUVANANTHAPURAM. ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 MR.BABU JOSEPH KURUVATHAZHA, SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30319 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PENSION PASS ISSUED TO THE PETITIONER BY THE RESPONDENT CORPORATION. EXT.P2: CERTIFICATE ISSUED BY R3 TO THE PETITIONER. EXT.P3: PAGE NOS.16 & 17. EXT.P4: REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3 DTD. 5.3.2009. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.30319 Of 2011 ---------------------- Dated this the 15th day of November, 2011. J U D G M E N T Heard the learned counsel for the petitioner and standing counsel for the respondent Corporation and 4th respondent Society. 2. The writ petition is filed seeking a direction directing respondents 1 to 3 to refund the illegally recovered penal interest of Rs.14,900/- with interest to the petitioner forthwith and for a declaration that the petitioner is not liable for the penal interest of Rs.14,900/- caused by the delayed remittance of recovered loan due instalments to the 4th respondent in time. 3. The petitioner retired from the service of the respondent Corporation as conductor on 31.5.2004. He had availed a loan of Rs.40,000/- and an amount of Rs.61,530/- was fully recovered from the salary of the petitioner in 42 equal monthly instalments @ of Rs.1,465/- from July 2000 to June, 2002 as per Ext.P2 certificate. But the loan amount with interest recovered from the salary of the petitioner was remitted ::2:: W.P.(C).No.30319 Of 2011 belatedly to the 4th respondent society by the respondent Corporation. The petitioner submits that an amount of Rs.14,900/- was illegally recovered from the retirement benefits of the petitioner for belated remittance to the 4th respondent society. The petitioner submits that the amount is recovered as per the request of the 4th respondent society towards additional interest for the belated remittance of the amount. It is pointed out that as per Sec.37 of the Kerala Co-operative Societies Act, 1969, the amount recovered from the petitioner shall be remitted to the society within 7 days of such recovery. But the amount, recovered from the salary of the petitioner as per Ext.P2 certificate, has not been remitted to the 4th respondent society in time. Therefore, it is submitted that the respondent corporation is liable to pay interest for the belated remittance of the amount due to the 4th respondent society. In short, the contention is that since the respondent Corporation has defaulted remittance of the amount recovered from the salary of the petitioner to the 4th respondent Society, the respondent Corporation alone is liable and responsible to pay the additional interest for the belated ::3:: W.P.(C).No.30319 Of 2011 remittance. As such, Rs.14,900/- recovered from the retirement benefits of the petitioner is illegal. 4. This Court had occasion to consider similar cases of other employees of KSRTC. This Court in WP(C)No.5026/2011 and in several other cases, after considering the facts on similar lines, directed the 1st respondent Corporation to refund the amount deducted from the petitioner's retirement benefits within three weeks from the date of receipt of copy of the judgment. There is a further direction that, in case of failure on the part of the Corporation to refund the aforesaid amount within the stipulated time, the amount will carry 7% interest per annum. 5. It is not disputed that the entire amount towards the repayment of the loan was already recovered from the salary of the petitioner as per Ext.P2. It is also not disputed that the petitioner is not liable to pay any amount for the belated payment to the Society. In these circumstances, the recovery of the amount from the retirement benefits of the petitioner is illegal, and the respondent Corporation is liable to repay the amount to the petitioner. Considering the fact that this Court ::4:: W.P.(C).No.30319 Of 2011 had occasion to consider the same facts in the above mentioned case, the petitioner is entitled to get the same relief as extended by this Court in similar matters. 6. In these circumstances, a direction is issued to the 1st respondent to refund an amount of Rs.14,900/- to the petitioner within 2 months from the date of receipt of copy of this judgment. In case of any failure to refund the above said amount within the time limit, the amount will carry interest at a rate of 7% per annum. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-