IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 8928 of 2006(K) ------------------------------------- PETITIONER: ------------------- M. MAZOOD, AGED 58 YEARS, S/O. MAJEED, PULPARAMBIL HOUSE, MALAYAMMA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KALPETTA. 2. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRIVANDRUM. 3. K.S.R.T.C. WORKERS CO-OPERATIVE SOCIETY LIMITED, THAMPANOOR, THIRUVANANTHAPURAM. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R1 SRI.N.UNNIKRISHNAN FOR R3 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R.2 SRI.M.SASINDRAN, SC, K.S.F.E., LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8928/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE UNDATED STATEMENT ISSUED TO THE PETITIONER BY THE IST RESPONDENT. EXT.P2:- COPY OF THE SALARY SLIP ISSUED BY THE KSRTC TO K.K.MOOSA FOR THE MONTH FEBRUARY 2005. EXT.P3:- COPY OF THE SALARY SLIP ISSUED BY THE KSRTC TO K.K.MOOSA FOR THE MONTH MARCH 2005. EXT.P4:- COPY OF THE SALARY SLIP ISSUED BY THE KSRTC TO K.K.MOOSA FOR THE MONTH JUNE 2005. EXT.P5:- COPY OF THE SALARY SLIP ISSUED BY THE KSRTC TO K.K.MOOSA FOR THE MONTH FEBRUARY 2006. EXT.P6:- COPY OF THE UNDATED STATEMENT ISSUED TO THE PETITIONER BY THE IST RESPONDENT. EXT.P7:- COPY OF THE CERTIFICATE DT. 23.2.2005 ISSUED BY THE ATO, KALPETTA OF THE 2ND RESPONDENT CORPORATION TO THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R3(A):- COPY OF THE RECOVERY POSITION IN WPC. NO.8928/06. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 8928 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer: “i) Issue a writ in the nature of mandamus or other appropriate writ, order or direction directing the 2nd respondent to remit to the 1st respondent forthwith, all the amounts recovered from the petitioner and his guarantor towards the repayment of loan number NFDL 421/98 and 33420 to the 1st and third respondent respectively;” It is seen from the counter affidavit filed by the 3rd respondent that, KSRTC had collected the amounts but failed to remit the same to the 3rd respondent. The same appears to be the situation to the 1st respondent also. It is now the settled law that in case recoveries have been effected from the salary and if there is delay in remitting the same to the institutions at whose instances the recovery was made, for the consequences including interest, the employee cannot be made liable. The liability is that of the 2nd respondent who has effected the recovery but failed to transmit the recovered amount to the respective institutions. Therefore, the Writ Petition is disposed of W.P.(C).No. 8928 OF 2006 -:2:- making it clear that in respect of the consequences pertaining to the delay referred to above, the petitioner shall not be liable. The liability shall lie only on the 2nd respondent. In case recovered amounts have not been remitted to 1st and 3rd respondents, the same shall be done within a month from the date of receipt of a copy of this judgment. (KURIAN JOSEPH, JUDGE) ttb