IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 1ST JANUARY 2007 / 11TH PAUSHA 1928 WP(C).No. 33389 of 2006(Y) -------------------------- PETITIONER: ------------ K.CHADRAMOHANAN, S/O.KESAVAN, AGED 54 YEARS, CHARGEMAN, K.S.R.T.C., KOTTAYAM DEPOT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------- 1. KERALA STATE TRANSPORT WORKERS' CO-OP. SOCIETY LTD. NO. T 133, THAMPANUR, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. K.S.R.T.C., REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOTTAYAM DEPOT. 4. THE WORKS MANAGER, K.S.R.T.C., REGIONAL WORKSHOP, ALUVA. 5. T.S.SAHADEVAN, MECHANIC (UPHOLSTER), K.S.R.T.C., REGIONAL WORKSHOP, ALUVA. BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY ADV.SRI. VINOD VALLIKAPPAN SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.M.JAMES, J. ------------------- W.P.(C). 33389/2006 -------------------- Dated this the 1st day of January, 2007 JUDGMENT The writ petitioner is an employee of the second respondent, KSRTC, Thiruvananthapuram. He defaulted payment of the loan availed from the first respondent, Co- operative Society, on 24.7.2001. However, records produced by the writ petitioner show that the second respondent, KSRTC, had recovered certain amount from him and paid to the first respondent. 2. The learned counsel for the first respondent pointed out, basing on the counter statement filed by it, that there had been default in due recovery and remittance of the instalment amounts by the second respondent to the first respondent. However, it is now stated that an amount of Rs.42,162/- is due to the first respondent, Society. 3. When the writ petition came up for consideration, the learned counsel for the writ petitioner W.P.(C).33389/2006 2 submits that the petitioner has got no objection in the second respondent, KSRTC, deducting an amount of Rs.42,162/- from the pensionery benefits, including the provident fund, due to the writ petitioner and remitting the same to the account of the first respondent, Society. 4. In the above facts situation, I direct the second respondent, KSRTC, to realise an amount of Rs.42,162/- from the pensionery benefits including his provident fund, and remit it to the account of the first respondent within two months from the date of production of a copy of this judgment. On remittance of the amount by the second respondent, as directed above, all the consequent actions will follow. The writ petition is disposed of as above. J.M.JAMES JUDGE mrcs