IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 32464 of 2010(G) --------------------------------------- PETITIONER(S): ----------------------- V.P. AJAYAKUMAR, INSPECTOR, KSRTC, THRISSUR, (KALARICKAL HOUSE, VIDAKUZHA, THAICKATTUKARA P.O., ALUVA) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT P.O, THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,KSRTC,TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION THRISSUR P.O., PIN-691 541. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION PERUMBAVOOR P.O., PIN-691 501. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS'CO-OPERATIVE SOCIETIES LIMITED NO. T.133, THAMPANOOR P.O., THIRUVANANTHAPURAM, PIN-695 018. 6. K.R. VISHNU RAJ, CONDUCTOR, RETIRED ON 31/07/2008 PERUMBHAVOOR P.O., (AVARATHUMKUDY HOUSE, NERYAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, 691 504. R1 TO R4 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. R5 BY ADV. SRI.N.UNNIKRISHNAN,SC, KSTW CO.OP SOCIETY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.32464 OF 2010 -------------------------------------------- Dated this the 14th day of December, 2010 JUDGMENT The petitioner stood as a surety to the sixth respondent for availing a loan of Rs.65,000/- from the fifth respondent. The loan was availed by the sixth respondent on 17.3.2001. The sixth respondent defaulted repayment towards the said loan account. Thereupon, the fifth respondent was constrained to resort to coercive steps. As part of the same, at the instance of the fifth respondent, deductions have been effecting from the salary of the petitioner. In the meanwhile, the sixth respondent retired from service on 31.7.2008. The fifth respondent has already resorted to arbitration proceedings and that culminated in Ext.P1 award in ARC.No.822/2008. Even after passing the said award, the sixth respondent did not discharge his debt. Thereupon, demand notices have been issued to the petitioner, the sixth respondent and other sureties. 2. It is a fact that even now, the sixth respondent has not discharged his liability in terms of Ext.P1 award. This Writ Petition has been filed mainly with the prayer to direct the first respondent to recover the amount due to the fifth respondent from the retirement benefits due to W.P.(C) NO.32464/2010 2 the sixth respondent and to remit the same to the fifth respondent society in order to discharge the entire liability towards the loan availed by the sixth respondent from the fifth respondent. 3. I have heard the learned counsel for the petitioner, the learned standing counsel appearing for respondents 1 to 4 and also the learned standing counsel appearing for the fifth respondent. Though the fifth respondent who is the principal debtor received notice in this proceedings, he has not chosen to enter appearance. 4. On 1.11.2010, this Court passed an interim order directing the first respondent to withhold an amount of Rs.2,00,000/- from the DCRG and other benefits admitted to the sixth respondent and also not to effect further deduction from the salary of the petitioner. In compliance with the said directions, an amount of Rs.2,00,000/- has been withheld from the retirement benefits admitted to the sixth respondent. As already noticed hereinbefore, the sixth respondent even after the receipt of notice in the proceedings has not entered appearance. The learned standing counsel appearing for the fifth respondent brought to my notice the contents in Exts.R5(c) and R5(e). Exts.R5(c) and R5(e) would reveal that the sixth respondent has already given his consent for effecting recovery from the W.P.(C) NO.32464/2010 3 retirement benefits due to him from the first respondent, his employer in case any amount is outstanding towards the aforesaid loan account. As already noticed, an amount of 1,67,294/- is still outstanding towards the loan availed by the sixth respondent. In view of the facts obtaining from the rival contentions, this Writ Petition is disposed of as hereunder:- The first respondent shall remit an amount of Rs.1,67,294/- from the amount which has been withheld viz., Rs.2,00,000/-, from the amount payable to the sixth respondent towards his retirement benefits including DCRG, into his loan account No.BAL 40443 with the fifth respondent at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. In view of the above direction, no further deduction from the salary of the petitioner shall be effected for the purpose of discharging the liability of the sixth respondent. It will be open to the petitioner to resort to appropriate remedies for getting any amount due from the sixth respondent arising out of the above mentioned loan transaction. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.32464/2010 4 C.T. RAVIKUMAR, J. JUDGMENT W.P.(C) NO.32464/2010 5 September, 2010