IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 18817 of 2011(B) -------------------------- PETITIONER(S): ---------------------- 1. V.S.SASIDHARAN, S/O.V.K.SUBRAMANIAN, VADAKKEDATH HOUSE, NELLAI POST OFFICE, THRISSUR-680 305. (CHARGEMAN, KERALA STATE ROAD TRANSPORT CORPORATION, CHALAKUDY). 2. V.T.ROSY, PULIKKAL HOUSE, PUDUKAD POST OFFICE, THRISSUR-680 301, (W/O.LATE P.R.JOSE, DRIVER, THRISSUR). BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE SECRETARY, KERALA STATE TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD.NO.T133, THAMPANOOR, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680 021. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHALAKUDY-680 306. R1,R3&R4 ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC R2 ADV. SRI.N.UNNIKRISHNAN,SC ,KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C)NO.18817/2011 APPENDIX PETITIONER,S EXHIBITS: P1 COPY OF THE DUTY PASS NO.46159 ISSUED TO THE Ist PETITIONER P2 COPY OF THE 1st PAGE OF THE FAMILY PENSION PAYMENT ORDER ISSUED TO THE 2nd PETITIONER P3 COPY OF THE JUDGEMENT IN WP(C) NO.29406/2005 DATED 19-10-2005 P4 COPY OF THE DEMAND NOTICE DATED 16-06-2011 RECEIVED FROM THE 2nd RESPONDENT P5 COPY OF THE ABOVE LAWYER NOTICE DATED 25-02-2009 SENT TO THE CORPORATION RESPONDENT,S EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM 1. WP(C)NO.18817/2011 HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 18817 of 2011 --------------------------------------- Dated this the 20th day of September 2011. JUDGMENT First petitioner is working as Chargeman in the first respondent Corporation. The husband of the 2nd petitioner Sri. P.R.Jose expired on 18.3.2008 after attaining superannuation. Both of them obtained loan from the 2nd respondent Society on the strength of the undertaking given by the 3rd respondent agreeing to recover the amount by way of deductions from the salary of the applicants and to remit the same to the Society on every month. 2. Petitioners submit that the entire amount due to the Society by way of the loan has been recovered from the salary of the first petitioner and from the salary of the husband of the second petitioner with interest. The first respondent Corporation after recovery retained the recovered amount without effecting payment to the society. The first petitioner received a notice from 2nd respondent demanding payment of Rs. 14738/- towards penal/additional interest. It is submitted that an amount of Rs. 14,000/- had been recovered from the DCRG of the husband of the 2nd W.P.(C) No.18817/2011 2 petitioner. In the circumstances, the petitioners approached this Court for the aforesaid reliefs. 3. Similar matters were considered by this Court in various similar cases filed by other employees. W.P.(C) No. 24749/2004 and W.P.(C) No. 29406/2005 are similar matters disposed by this Court . Ext.P3 is the copy of the judgment in W.P.(C) No.29406/2005. 4. In view of the undisputed facts stated above, a direction is issued to the first respondent Corporation to pay Rs. 14,000/- to the 2nd petitioner recovered from the DCRG of her husband by way of additional interest/ penal interest due to the belated remittance of the loan within a period of one month from the date of receipt of a copy of this judgment. A further direction is issued to the first respondent to remit an amount of Rs.14,738/- recovered from the salary of the first petitioner to the second respondent Society forthwith at any rate within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al