IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 10090 of 2005(A) ---------------------------------------- PETITIONER: ------------------- R.RAMACHANDRAN NAIR, "NAVANEETHAM", SANATHANAPURAM, KALARCODE, ALAPPUZHA (UPHOLSTERER- RETIRED KSRTC REGIONAL WORKSHOP, MAVELIKKARA). BY ADV. SRI.ANANDARAJAN.N SRI.K.K.MANGALANANDAN RESPONDENTS: ---------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REP. BY ITS MANAGING DIRECTOR, "BHADRATHA", THRISSUR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, H.P.UNIT, ALAPPUZHA-1. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LIMITED, H.P.UNIT, KUMARANASAN SMARAK MANDIRAM, COURT ROAD, ALAPPUZHA. 4. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 5. THE WORKS MANAGER, KSRTC REGIONAL WORKSHOP, MAVELIKKARA. BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10090/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER PA12-039405/2003 DT. 25.7.03 SANCTIONING MONTHLY PENSION AND DCRG TO THE PETITION. EXT.P2:- COPY OF THE OPENING PAGE OF THE NEW HOUSING FINANCE SCHEME PASS BOOK ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE SALE NOTICE NO.SDT (RR) 2682/03-04 DT. 21.1.04 ISSUED BY THE 3RD RESPONDENT. EXT.P4:- COPY OF THE RECEIPT NO.25 DT. 4.5.04 ISSUED BY THE 3RD RESPONDENT FOR REMITTANCE OF RS. 36000/- BY THE PETITIONER. EXT.P5:- COPY OF THE RECEIPT NO.48 DT. 12.10.04 ISSUED BY THE 3RD RESPONDENT FRO REMITTANCE OF RS. 2000/- BY THE PETITIONER. EXT.P6:- COPY OF THE SALE NOTICE NO.SDT(RR) 2682/03-04 DT. 11.2.05 ISSUED BY THE 3RD RESPONDENT. EXT.P7:- COPY OF THE ORDER NO.LR5/001351/96 DT. 11.1.96 OF THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.10090 OF 2005 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T Petitioner is aggrieved since owing to the inaction on the part of the officers of the fourth respondent under whom the petitioner worked, petitioner was made to suffer huge loss by way of penal interest to the KSFE. 2. It is submitted that in case the amounts recovered from the salary of the petitioner had been promptly remitted, he would not have been made liable for the penal interest. There cannot be any quarrel with the above submission. Once recovery is made, within the permitted period of 30 days, the recovered amount has to be remitted to the person on whose instruction the recovery has been made. Beyond the said period, if the employee has been subjected to any penal consequences, the employer is liable and not the employee and that is a settled position. 3. Yet another grievance is regarding collection charges. According to the petitioner, the amounts have been directly remitted by the petitioner and not through the employer and W.P.(C) No.10090/05 2 there cannot be any levy of collection charges. On that also, there cannot be any dispute in view of the judgment of this Court in Bhaskaran vs. Sub Registrar (2005 (3) KLT 150). There will be a direction to the first respondent to look into the above mentioned two grievances of the petitioner and take appropriate action to redress such grievances, with notice to the petitioner, within a period of three months from the date of receipt of a copy of this judgment along with an appropriate representation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.10090/05 3 KURIAN JOSEPH, J. W.P.(C) No. 10090 OF 2005 J U D G M E N T 28.08.2008