IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29801 of 2011(A) -------------------------- PETITIONER(S): -------------- R. SURENDRA RAJ, S/O. M.RAGHAVAN, ASWATHI BHAVAN, NELLIKUNNIL, BHARATHANNOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695616 (CONDUCTOR, KERALA STATE ROAD TRNSPORT CORPORATION NEDUMANGAD (PALODE) RETIRED ON 31.1.2008) BY ADV. SRI.ANANDA RAJAN.N RESPONDENT(S): -------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD - 689 612 4. THE SECRETARY, KERALA STATE TRANSPORT WORKERS' CO-OPERTIVE SOCIETY LIMITED NO.T 133, THAMPANOOR, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY ADV. SHRI. BABU JOSEPH KURUVATHAZHA, SC, KSRTC R4 BY ADV. SRI.N.UNNIKRISHNAN, SC, KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 29801 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF PAGES 1 AND 5 OF PENSION PAYMENT ORDER OF THE PETITIONER. EXT.P2 TRUE COPY OF CERTIFICATE NO.B1/1939/011/NDD ISSUED BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 23.8.11 IN W.P(C) NO.19101/2011 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA HARUN-UL-RASHID, J. -------------------------------------- WP(C)NO: 29801 OF 2011 -------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T This writ petition is filed seeking a direction commanding the respondents 1, 2 and 3 to refund an amount of Rs. 31000/- illegally recovered from the retirement benefits of the petitioner as dues to the 4th respondent Society with 12% interest till the date of payment and for other incidental reliefs. 2. The petitioner retired from the service of the 1st respondent Corporation as Conductor on 31.01.2008. He had availed a loan of Rs. 40000/- from the 4th respondent Society. The petitioner submits that the loan amount with interest to the tune of Rs. 56100/- was fully recovered from the salary of the petitioner in 50 installments as prescribed by the 4th respondent as per Ext.P2 certificate. But the loan amount with interest recovered from the salary of the petitioner was remitted belatedly to the 4th respondent society by the respondent Corporation. The petitioner submits that an amount of Rs.31000/- was illegally recovered from WP(C)NO: 29801 OF 2011 2 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 remittance. As such, Rs. 31000/- recovered from WP(C)NO: 29801 OF 2011 3 the retirement benefits of the petitioner is illegal. 3. 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. 4. 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 WP(C)NO: 29801 OF 2011 4 petitioner is illegal, and the respondent Corporation is liable to repay the amount to the petitioner. Considering the fact that this Court 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 the similar matters. 5. In these circumstances, a direction is issued to the 1st respondent to refund an amount of Rs. 31000/- to the petitioner within 2 months from the date of receipt of copy of the 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 bka/-