IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 22927 of 2009(I) ------------------------------------- PETITIONER: ------------------- M.A.YOHANNAN, MECHANIC (RETD) KSRTC, PATHANAMTHITTA, MUTHIRAKALAYIL VEEDU, CHENGALAM SOUTH P.O., KOTTAYAM. BY ADVS. MR.P.P.SOMAN NAIR, MR.K.S.MURALIKRISHNAN NAIR. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM - 23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T-133, THAMPANOOR, THIRUVANANTHAPURAM. R1 TO R4 BY MR. K. PRABHAKARAN, SC, KSRTC, R5 BY MR.N.UNNIKRISHNAN,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22927 OF 2009 ............................................ DATED THIS THE 24TH DAY OF AUGUST, 2009 JUDGMENT The petitioner retired from the service of KSRTC on 20.6.2005. He had availed a loan from the 5th respondent, Co- operative Society. He contends that in spite of the entire amounts due to the 5th respondent, having recovered from him, he is deprived of the amounts retained by KSRTC from DCRG. He contends that an amount of Rs.20,800/- has been so retained and seeks a direction for refund of that amount. 2. The controversy between the parties have to be settled on the basis of the accounts of the 5th respondent. The 5th respondent has filed a counter affidavit, stating specifically about the detailed calculations by which it has ultimately been concluded on the basis of accounts that there is excess deduction from the petitioner. Thus, as of now, KSRTC is liable to refund an amount of Rs.8430/- to the petitioner. 3. Having heard the counsel for the parties, I am satisfied that the calculations stated in Ext.R5(a) is correct and it is well Wpc 22927/2009 2 supported by the pleadings of the 5th respondent in the counter affidavit sworn to by its Secretary. Accordingly, this writ petition is ordered directing the KSRTC to refund to the petitioner, an amount of Rs.8430/- within a period of three weeks from the date of receipt of a copy of this judgment. Issue copy at the earliest. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/25/8