IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 24722 of 2010(M) -------------------------- PETITIONER: --------------- K.JANARDHANAN NAIR, (DRIVER, K.S.R.T.C., CHATHNNOOR DEPOT, RETIRED ON 30-04-2004) HRIDYA BHAVAN, KOTTARA, MIYYANNOOR.P.O., (VIA) POOYAPPALLY, KOLLAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. PIN – 695 023. 2. ASSISTANT TRANSPORT OFFICER, KSRTC,CHATHANNOOR. PIN – 691 572. 3. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.,T133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. PIN – 695 001 . ADV.SHRI V.V.NANDAGOPAL NAMBIAR FOR R1 & R2(SC- KSRTC) ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24722 of 2010 M ----------------------------------------------------- DATED THIS THE 11th DAY OF AUGUST, 2010 JUDGMENT The petitioner herein is a former employee of the 1st respondent-Corporation who retired from service on 30.4.2004. While he was in service, he had occasion to avail a loan from the 3rd respondent-Co-operative Society. It is averred in the Writ Petition that the entire loan amount was recovered from the salary of the petitioner while he was in service, by the employer-Corporation. But, the amount was remitted to the 3rd respondent very belatedly. Therefore, the Society demanded payment of interest for the delayed payment and Exhibit P2 demand was raised for an amount of Rs.7,530/-. This was recovered from the Death Cum Retirement Gratuity of the petitioner. Earlier, the petitioner had approached this Court along with six others as petitioners, wherein this Court by Exhibit P3 judgment directed that the Corporation has to honour the commitments as have been demanded by the 2nd respondent-Society from the petitioners and such payments have to be made within three months from the date of the judgment. It is pointed out that the Corporation had not remitted the amount to the Society and ultimately an amount of Rs.12,020/- has been recovered from the DCRG of the petitioner. Accordingly, the W.P.(C)No.24722/10 -2- petitioner seeks for a direction to the 1st respondent to reimburse the petitioner an amount of Rs.12,020/- recovered from his DCRG. 2. A counter affidavit has been filed on behalf of the 3rd respondent-Society wherein it is pointed out that the KSRTC has recovered Rs.12,020/- from the DCRG of the petitioner and remitted it to the Society on 6.2.2008 and the loan account was closed and balance amount of Rs.3,525/- had already been returned to the petitioner on 29.11.2008. Apart from the same, share amount of Rs.4,690/- and thrift amount of Rs.581/- will be refunded to the petitioner, if he makes a proper application as per the bye-laws. Therefore, out of the amount of Rs.12,020/- the Society has repaid an amount of Rs.3,525/- to the petitioner and the balance amount of Rs.8,495/- is payable by the KSRTC to the petitioner. 3. In that view of the matter, there will be a direction to the 1st respondent to refund an amount of Rs.8,495/- to the petitioner within a period of one month. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn