IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 2398 of 2006(I) ------------------------------------- PETITIONER(S): ------------------------ T.MOHAMMED ABDUL RAHIMAN, (RETIRED STATION MASTER, K.S.R.T.C., PERINTHALMANNA), RESIDING AT THANGAYATHOL HOUSE, P.O.CHERUKARA, PERINTHALMANNA, MALAPPURAM-679 340. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, MR.T.C.SURESH MENON, MR.SREEKANTH.K.R., MR.JIBU P THOMAS, MR.SUNIL J.CHAKKALACKAL. RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE ASSISTANT TRANSPORT OFFICER, PERINTHALMANNA, PALAKKAD. 2. THE KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LIMITED NO.T.133, THIRUVANANTHAPURAM. 3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS BRANCH MANAGER, PERINTHALMANNA, PALAKKAD. R1 BY ADV.MR.K.PRABHAKARAN, SC, K.S.R.T.C. R2 BY ADV.MR.N.UNNIKRISHNAN R3 BY ADV. MR.RAJU JOSEPH, ADDL.SC.,KSFE LTD., MR.M.K.CHANDRA MOHANDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2398/2006 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC.NO.24749/2004 DTD. 13/09/2004. P2: COPY OF THE JUDGMENT IN WPC.NO.29066/2005 DTD. 15/10/2005. P3: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT DTD. 31/08/1998. P4: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT DTD. 16/10/1998. P5: COPY OF THE INTIMATION RECEIVED BY THE 2ND RESPONDENT IN CASE OF THE PETITIONER DTD. 18/11/2003. P6: COPY OF THE INTIMATION RECEIVED BY THE 3RD RESPONDENT IN CASE OF THE PETITIONER DTD. 18/11/2005. P7: COPY OF THE MEMO ISSUED BY THE 1ST RESPONDENT DTD. 27/05/2002. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE STATEMENT SHOWING THE DETAILS OF RECOVERY AND REMITTANCE TO KSFE (R3) FROM THE SALARY OF THE PETITIONER. R1(B): COPY OF THE STATEMENT SHOWING THE DETAILS OF RECOVERY AND REMITTANCE TO R2 SOCIETY FROM THE SALARY OF THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2398 of 2006-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. JUDGMENT Petitioner retired from the service of KSRTC. He seeks relief in relation to alleged continuance of coercive steps for recovery of amounts that were already deducted from his pay and allowances by the KSRTC for payment to the second respondent society and the third respondent KSFE. Looking at the counter affidavit of the second respondent, particularly paragraph 2 thereof, and the submission of KSRTC in its counter affidavit, it is apparent that the petitioner owes only an amount of Rs.2,590/- to the second respondent and Rs.8,000/- to the third respondent KSFE. All other amounts are retained by KSRTC without payment to respondents 2 and 3, though deducted. Accordingly, it is ordered that if the petitioner pays the aforesaid amounts noted as his WPC2398/06 -: 2 :- outstanding liabilities to respondents 2 and 3, all further proceedings against him shall stand dropped. In so far as the amounts retained by the KSRTC are concerned, that shall be released to respondents 2 and 3 within a period of one month from the date of receipt of a copy of this judgment. The amounts will be released on the basis of the actuals reflected by the counter affidavit of the second respondent. The KSFE will be entitled to send an intimation to the KSRTC for the outstandings due to it. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2811