IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5036 of 2011(D) ----------------------------------- PETITIONER: ------------------- VISWANATHAN MAROLI, SON OF GOPALAN, INSPECTOR (RTD), K.S.R.T.C. KANNUR, SREEVISWAM, POOTHAPPARA, AZHIKODE, KANNUR. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENT(S): ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, TRIVANDRUM- 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, K.S.R.T.C, TRANSPORT BHAVAN, FORT.P.O., TRIVANDRUM - 23. 3. THE ASSISTANT ACCOUNTS OFFICER, (PENSION) K.S.R.T.C.,TRANSPORT BHAVAN, FORT.P.O., TRIVANDRUM - 23. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KANNUR - 670 001. 5. KERALA STATE TRANSPORT WORKERS CO- OPERATIVE SOCIETY LTD.NO.T.133, THAMPANOOR, TRIVANDRUM -04, REPRESENTED BY ITS SECRETARY BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC R5 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.5036 OF 2011 -------------------------------------------- Dated this the 3rd day of March, 2011 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation (for short 'the Corporation') on 30.11.2006. While he was in service, he had availed a loan of Rs.57,000/- from the fifth respondent society. It was to be repaid in 50 monthly instalments at the rate of Rs.1,140/-. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to refund an amount of Rs.19070/- deducted from the DCRG of the petitioner as dues to the fifth respondent society with 9% interest till the date of payment. 2. A counter affidavit has been filed in this Writ Petition by the fifth respondent. I have heard the learned counsel for the petitioner, the learned standing counsel appearing for respondents 1 to 4 and also the learned standing counsel appearing for the fifth respondent. Admittedly, recovery from the salary of the petitioner towards the aforesaid loan account was effected regularly. However, after effecting such recovery regularly, the first respondent retained the deducted amount with effecting remittance towards the loan account of the petitioner with the fifth respondent. The said willful inaction on the part of the first respondent W.P.(C) NO.5036/2011 2 resulted in creation of additional liability to the tune of Rs.19,070/- by way of interest. It is the said amount that was recovered from the DCRG of the petitioner to settle the aforesaid loan account. It is thus obvious that the additional liability had occurred solely on account of the willful inaction on the part of the first respondent in not remitting the amount recovered regularly from the salary of the petitioner. Therefore, the petitioner cannot be saddled with the liability arising out of such willful inaction on the part of the first respondent. I am of the considered view that the first respondent has to be saddled with the liability. In the said circumstances, the first respondent is bound to refund the amount of Rs.19,070/- that was deducted from the DCRG of the petitioner for the purpose of closing the aforesaid loan account. Therefore, there will be a direction to the first respondent to refund an amount of Rs.19070/- deducted from the DCRG of the petitioner to the petitioner within three weeks from today. In case of failure on the part of the first respondent to refund the aforesaid amount within the above stipulated time, the amount will carry interest at the rate of 7% per annum. The Writ Petition is disposed of, accordingly (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.5036/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.5036/2011 4