THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 20176 OF 2011 ORDER: 1. This writ petition is filed seeking a mandamus declaring the action of the respondents in recovering the loan amount of Rs.1,64,940/- by way of instalments at Rs.2,749/- per month, as arbitrary and illegal and consequently direct the respondents not to recover any amounts from the salary of the petitioner and to direct them to repay the recovered amounts. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner was appointed as Shramik on 01-11-1991 in Suryapet Depot of Nalgonda Region in the respondent-Andhra Pradesh State Road Transport Corporation. Subsequently, he was transferred to Hyderabad City Region and promoted as Mechanic in the year 2007. While working in Hayatnagar Bus Depot, he has taken loan for an amount of Rs.50,000/- from A.P.S.R.T.C Staff Retirement Benefit Scheme and he received the cheque for an amount of Rs.49,000/-, after deduction of Rs.1,000/- towards risk pool amount. He has given undertaking in the application to deduct the instalments from the year 2004 itself. As per letter dated 02-07-2004, instructions were given to the unit officers to recover Rs.1,211/- per month for 60 months from the salary of the petitioner with effect from August, 2004. When he enquired the concerned staff, they stated that they will recover the amounts as per the instructions of the higher officers. Surprisingly, in the month of March, 2011, Rs.2,749/- was deducted from his salary and Rs.1,64,940/- was shown as closing balance of the loan taken. The petitioner never rejected for deductions from August, 2004 as per the schedule fixed by the respondents themselves. It is the mistake on the part of the respondents for not recovering the amount. Because of the effected recovery, he received only Rs.300/- towards salary for the month of March, 2011. 3 . Heard the learned counsel for the petitioner and the learned Standing Counsel for A.P.S.R.T.C. 4. Learned counsel for the petitioner contended that there is no fault on the part of the petitioner in payment of the amount, that by proceedings dated 02.07.2004, the Secretary of A.P.S.R.T.C Staff Retirement Benefit Scheme directed the Depot Manager, A.P.S.R.T.C, Hayathnagar to effect recovery of Rs.1,211/- per month from the salary of the petitioner from August, 2004, that even though the petitioner brought it to the notice of the Depot Manager, the staff concerned answered that they will recover the amounts as per the instructions of the higher officers, and therefore, deducting an amount of Rs.2,749/- per month from the salary of the petitioner from March, 2011, showing closing balance of Rs.1,64,940/-, without issuing any notice, is illegal. 5 . On the other hand, the learned Standing Counsel for the respondent Corporation contended that the Staff Retirement Benefit Scheme is made available for the benefit of the employees of the respondent Corporation and therefore even if there is negligence on the part of the third respondent that cannot be taken as advantage by the petitioner. 6. Admittedly, a duty is cast upon the petitioner to bring it to the notice of the third respondent, when no deductions have been taken place in pursuance of the proceedings of the Secretary, A.P.S.R.T.C. Staff Retirement Benefit Scheme, dated 02.07.2004. Every month the petitioner is receiving the salary statement. If no deductions are made for the loan amount, it is the responsibility of the petitioner to bring it to the notice of the drawing officer. There is a mistake and negligence on the part of both the parties. However, to safeguard the interest of the members of the Scheme, I deem it appropriate that the writ petition can be disposed of directing the respondents to collect the loan amount from the petitioner with simple interest only. 7 . Accordingly, the writ petition is disposed of directing the respondents to collect the loan amount from the petitioner with simple interest, without levying any penal interest. There shall be no order as to costs. ____________ K.C.BHANU,J va Dated: 19-7-2011