IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 21308 of 2009(G) -------------------------- PETITIONER(S): --------------- K.NARAYANA PILLAI, (STORE ASSISTANT, KSRTC, NEDUMANGAD, RTD.ON.313.2001) S.K.BHAVAN, THOPPIL KARIKKAKAM, VITHURA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, KSRTC, NEDUMANGAD DEPOT, THIRUVANANTHAPURAM. 3. KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE, SOCIETY LTD. T133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. R1, R2 BY SRI.JOHNSON P.JOHN, S.C. R3 BY ADV. SRI.N.UNNIKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.21308/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF FREE PASS ISSUED TO THE PETITIONER. EXT.P2: A TRUE COPY OF STATEMENT ISSUED BY THE 2ND RESPONDENT. EXT.P2(A): A TRUE COPY OF RECEIPT DATED 1.10.1997 ISSUED BY THE 3RD RESPONDENT. EXT.P4: A TRUE COPY OF LETTER DATED 26.12.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R3(A): TRUE COPY OF STATEMENT OF RECOVERY POSITION OF LOAN AVAILED BY THE PETITIONER IN W.P(C).21308/09. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21308 OF 2009 ------------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT 1.The petitioner retired from the K.S.R.T.C. on 31.3.2001. He had availed a loan from the third respondent society. Though the entire amount due against that loan account was recovered from the salary of the petitioner, it was not duly credited by the K.S.R.T.C. to the third respondent, it is contended. The third respondent society, therefore, initiated action for further recovery on account of interest for belated payments. 2.The third respondent has filed a counter affidavit stating as follows: “The petitioner, Shri K.Narayana Pillai, had availed a loan bearing No.BAL-33989 on 14.8.1997 of an amount of Rs.35,000/- with 19% interest repayable in 38 monthly instalments @ Rs.1245/- per month for a total amount of Rs.42,310/- ending on 14.10.2000. It appears that the recovery was WPC.21308/09 2 regular, except 3 instalments. The recovery was continued up to 1/2001 as against 10/2000. An amount of Rs.47310/- was recovered by salary deduction, along with Rs.1500/- extra remitted in cash by the petitioner, totalling the recovered amount to Rs.48810/- as against Rs.47310/-. Since the recovered amount was retained by K.S.R.T.C. and due to non-deduction of salary for three months from the petitioner's side, a further liability towards interest, is worked out to Rs.12,469/- on 7/2009. (i.e. Rs.11,969/- as per the balance of loan statement plus Rs.1500/- cash remitted by the petitioner”. The third respondent has also placed a statement of recovery position on record as Ext.R3(a). Accordingly, the third respondent contends that the K.S.R.T.C. has to pay to it an amount of Rs.11969/-and refund and amount of Rs.199/- to the petitioner. 3.None of the other parties contradicted the stand of the third respondent. I am satisfied that the pleadings of the third WPC.21308/09 3 respondent to the aforesaid effect can be acted upon in accordance with law. Hence this writ petition is ordered directing refund of Rs.199/- to the petitioner and payment of Rs.11,969/- to the third respondent. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. All further proceedings by way of recovery against the petitioner will stand dropped therewith. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/12.