IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 11439 of 2006(J) -------------------------------------- PETITIONER: ------------------- P.RAMAN (RETIRED DRIVER, K.S.R.T.C., PERINTHALMANNA), S/O.ITTINAN, RESIDING AT PUTHUR HOUSE, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADVS. MR.V.CHITAMBARESH, MR.T.C.SURESH MENON. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE ASSISTANT TRANSPORT OFFICER, PERINTHALMANNA, PALAKKAD. 2. KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LIMITED, NO.T-133, THIRUVANANTHAPURAM. R1 BY MR. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC, R2 BY ADV. MR.N.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11439/2006-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C).NO.24749/2004 DTD. 13/09/2004. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C).NO.29066/2005 DTD. 15/10/2005. EXT.P.3: COPY OF THE INTIMATION DTD. 09/11/2005. EXT.P.4: COPY OF THE MEMO ISSUED BY THE R.1. DTD. 27/05/2002. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE STATEMENT OF RECOVERY POSITION OF SHRI P. RAMAN, PETITIONER IN W.P.(C).NO.11439/05-J. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 11439 OF 2006 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner availed a loan from the 2nd respondent. The petitioner's employer KSRTC was bound to effect deduction from salary. That was done but not duly credited. This has led to this Writ Petition. The uncontroverted counter affidavit of the 2nd respondent states as follows: “2. The petitioner, having Membership No.13098, had availed Loan (No.39113) of Rs.30,000/- in 11.4.2000, repayable in 20 monthly instalments @ Rs.1781/- ending in 12/2001 by way of deduction from salary. There is 32 months delay in remitting the recovered amounts. A true copy of Statement of Recovery Position of Shri. P.Raman, petitioner in W.P.(C) No.11439/05-J is produced herewith and marked as Ext.R2(A). The delay resulted in the demand of additional simple interest of Rs.16638/- as on 28.4.2006. It was recovered from his DCRG and remitted to this respondent. Since the delay is on the part of the KSRTC, it is liable to refund the amount to the petitioner.” W.P.(C) No.11439/2006 2 2. Ext.R2(A), produced along with the counter affidavit of the 2nd respondent, gives the split up details regarding the transaction. I am satisfied about the plea of the 2nd respondent. Accordingly, this Writ Petition is ordered directing that the KSRTC will pay to the 2nd respondent the amount shown to be due from it, namely, 16638/- as on 28.4.2006 with accruing interest thereon. Such payment will be made within a period of two months from the date of receipt of a copy of this judgment. There shall be no further recovery against the petitioner. THOTTATHIL B. RADHAKRISHNAN, Judge ps