IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 6020 of 2008(N) ------------------------- PETITIONER(S): --------------- THE KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD.NO.T-133, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1, REP. BY ITS SECRETARY. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPN., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY MANAGING DIRECTOR. 2. THE ASSISTANT TRANSPORT OFFICER, KSRTC, NEDUMANGAD. 3. N.SUKUMARAN NAIR, S/O. NARAYAN PILLAI, AGED 53 YEARS, GEETHA VIHAR, TC 36/874, OPP: UPS PALKULANGARA, VALLAKADAVU P.O., THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 6020/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LOAN APPLICATION. P2. COPY OF THE CONSENT LETTER DTD.18.6.01. P3. COPY OF THE SECURITY BOND. P4. COPY OF THE SALARY CERTIFICATE OF R3. P5. COPY OF THE LOAN STATEMENT DTD.11.2.08. P6. COPY OF THE NOTICE DTD.1.1.2008 OF SRI.R.GOPI P7. COPY OF THE LETTER DTD.1.2.2008. P8. COPY OF THE JUDGMENT IN W.P.(C).No. 310/08. P9. COPY OF THE LETTER DTD.11.2.2008 BY R3. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 6020 of 2008 ================== Dated this the 8th day of December, 2009 J U D G M E N T The petitioner is a co-operative society of workers of the Kerala State Road Transport Corporation. They advanced amounts to the 3rd respondent, who was an employee of the KSRTC, repayment of which was defaulted by him. The 3rd respondent has retired from service. According to the petitioner, there was a tripartite agreement between the 3rd respondent, the petitioner and the 1st respondent to recover amounts from the 3rd respondent's salary and other benefits and remit it to the petitioner society in repayment of the loan advanced by the petitioner to the 3rd respondent. But respondents 1 and 2 failed to do the same. Therefore, repayment of loan amounts is in arrears. The petitioner wanted the 1st respondent to deduct the amounts due from the DCRG of the 3rd respondent and to remit it to the petitioner. In the meanwhile, the Kerala State Financial Enterprises obtained an order from this Court for direction to the 1st respondent to deduct and pay the amounts due to them from the 3rd respondent from his DCRG. The same was complied with by the 1st respondent, as a result of which, no amounts are available in the DRCG of the 3rd respondent to be paid to the petitioner, for payment of the amounts due to the petitioner. But the petitioner submits that commuted value of pension and other retirement benefits due to the 3rd respondent are still available with the 1st respondent and, by Ext.P9, the 3rd respondent has informed the petitioner that he has no objection in recovering the amounts due to 2 the petitioner from the commuted value of pension and other retirement benefits due to the 3rd respondent from the 1st respondent. The petitioner, therefore, seeks the following reliefs: “i) Call for the records leading to Exhibit P8 Judgment; ii) declare that the respondent is liable to recover an amount of Rs.1,26,649/- from the Commuted Value of Pension of the 3rd respondent and remit it to the writ petitioner Society within a reasonable time; iii) issue a Writ of Mandamus or appropriate writ or order or direction to the first respondent to recover an amount of Rs.1,26,649/- from the Commuted value of Pension of the 3rd respondent and remit it to the writ petitioner Society within a reasonable time” 2. Despite service of notice on the 3rd respondent, he has not cared to appear and contest the writ petition. It leads to the presumption that he has no objection in allowing the writ petition. He has in fact by Ext.P9 expressed his agreement for recovery of the amounts due to the petitioner from his other retirement benefits including commuted value of pension. Accordingly, this writ petition is disposed of with a direction to respondents 1 and 2 to pay to the petitioner the amounts due to them from the 3rd respondent from out of the commuted value of pension and other retirement benefits due to the 3rd respondent from the 1st respondent, if any, available. The same shall be paid by the 1st respondent to the petitioner within a period of four months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3