IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 26146 of 2006(K) ------------------------------------- PETITIONER: ----------------- K.GOPALAKRISHNAN, (DRIVER, K.S.R.T.C. MAVELIKARA, RETIRED ON 31.3.2002), 'VRINDAVANAM', NEAR F.C.I., KOTTARAKARA, MAVELIKARA. BY ADV. SRI.K.P.RAJEEVAN SMT.ACHA RANO MATHEWS.T. RESPONDENTS: ---------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., MAVELIKARA. 3. THE KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD., NO.T-133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. R1 & R2 BY SRI.K.PRABHAKARAN, SC, K.S.R.T.C. R3 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).26146/2006-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 17/05 EXT.P2: COPY OF NOTICE DATED 23/02/06 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF REPRESENTATION DATED 05/09/06 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE JUDGMENT IN W.P.(C).NO.23809/2005 DATED 06/02/05. // TRUE COPY // P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.26146 of 2006-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT 1.The petitioner retired from the service of the Kerala State Road Transport Corporation. He is entitled to provident fund amounts which are deposited by deduction from his salary. Once that amount is deposited, there is no reason why he is not to be paid interest on the provident fund amounts till date of payment. In the case of the petitioner, payment of interest has been effected only till the date of retirement and not till the realisation of the provident fund amounts. Therefore, it is directed that interest at the applicable rate shall be released by calculating it till the date on which the principal provident fund amount was released. It is so directed. 2.The claim of the petitioner for interest on DCRG WP(C)26146/2006 -: 2 :- is only to be rejected because the payment of DCRG is regulated by a scheme formulated by the Division Bench in W.A.289/2001. 3.The pay revision arrears, in so far as the petitioner is concerned, are not covered by the SLPs referred to in the counter affidavit of the KSRTC because, the petitioner retired in the year 2002. Therefore, pay revision arrears shall also be released without delay, at any rate, within a period of two months from the date of receipt of a copy of this judgment. 4.The only remaining issue is regarding certain adjustments made in relation to certain transactions with the third respondent society. Recoveries were deducted from the salary of the petitioner, however that, as demonstrated in the counter-affidavit of the third respondent, due credits have not been given to the society. Certain amounts are still due from the petitioner. Having regard to the counter- affidavit of the third respondent, it cannot be disputed that the petitioner would be entitled WP(C)26146/2006 -: 3 :- to an amount of Rs.10,118/- from the KSRTC. It is directed that such amount shall be released within a period of three months from now. The writ petition is disposed of as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/180708