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. 30328 of 2006(I) ------------------------------------- PETITIONER(S): ---------------------- M.C. THOMAS, VEHICLE SUPERVISOR (RTD.), K.S.R.T.C., RESIDING AT MUKALEL VADAKATHIL HOUSE, KANAKKARI P.O., ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. MR.T.M.RAMAN KARTHA SMT.K.S.RENJINI RESPONDENT(S): ------------------------- 1. KERALA STATE RODA TRANSPORT CORPORATION, CHIEF OFFICE AT TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. KERALA STATE TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD. NO. T 133, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, K.S.R.T.C. R2 BY ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 30328 OF 2006 -------------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner, a former employee of KSRTC, is aggrieved by the recovery of an amount of Rs.27,172/- from his DCRG. The 1st respondent KSRTC with the aid of Exts.R1(a) and R1(b) justifies the recoveries referable to amounts that were allegedly outstanding from the petitioner to the 2nd respondent Co-operative Society. The 2nd respondent Society has filed a counter affidavit, in which it is stated among other things as follows: “It is humbly submitted that the petitioner, Shri.M.C.Thomas, having Membership No.11652, had availed a Loan a Loan No.BAL.35684 ON 18.5.1998 of Rs.40,000/- repayable through salary deductions in 50 monthly instalments @ Rs.1140/- for a total amount of Rs.57,000/- ending on 18.7.2002. He had executed agreement, consent letters, Security Bond, etc. The petitioner was well aware of non-recovery of instalments in the month of 10/99, 12/99, 1/00, 5/00 and 10/02 from his salary slip. The Exhibit P2 is only a prelude to show W.P.(C) No.30328/2006 2 innocence. It is found that deductions were made regularly except in five (5) instalments in 10/99, 12/99, 1/2000, 5/2000 and 10/02, the KSRTC has retained the recovered amounts which resulted in the additional liability of Rs.16,700/- from DCRG.” 2. The 2nd respondent has produced Ext.R2(a) showing the statement of account of the recovery position. As regards adjustment of DCRG, the uncontroverted statement of the 2nd respondent is contained in the third paragraph of its counter affidavit as follows: “The DCRG amount of Rs.27,172/- was adjusted as under Loan No.35684 Rs.16,700/- Loan No.45553 Rs.10,472/- (Emergency Loan) --------------- Rs.27,172/- ========= The KSRTC may please be directed to refund Rs.16,700/- to the petitioner.” W.P.(C) No.30328/2006 3 3. Recording the aforesaid, all that is required at this point of time is to direct the KSRTC to release an amount Rs.16,700/- to the petitioner. It is so directed. The KSRTC will pay the petitioner an amount of Rs.16,700/- within a period of three weeks from the date of production of a copy of this judgment. The Writ Petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge ps