IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 9813 of 2011(B) ------------------------- PETITIONER(S): --------------- S.BRAHMANAYAKAM,RETD. ASSISTANT TRANSPORT OFFICER (KERALA STATE ROAD TRANSPORT CORORATION), RESIDING AT T.C.29/792(1), `REVATHY`, CHEMBAKASSERY, VALLEKKADAVU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE MANAGING DIRECTOR. 2. DEPUTY CHIEF ACCOUNTS OFFICER, CHIEF OFFICE, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 001 3. SALE OFFICER/ARBITRATION EXECUTION INSPECTOR, THIRUVANANTHAPURAM TALUK CO-OPERATIVE SOCIETIES, ASSISTANT REGISTRAR OFFICE THIRUVANANTHAPURAM-695 001 4. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY T-133, S.S.ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY7. BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC BY GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.9813 of 2011 ------------------------------- Dated this the 29th day of March, 2011 J U D G M E N T The petitioner who is a former employee of the Kerala State Road Transport Corporation has filed this writ petition mainly seeking the benefit of Circular No.63 of 2010 dated 23.12.2010 issued by the Registrar of Co-operative Societies sanctioning a One Time Settlement scheme in co-operative societies. The said scheme is in force till 31.3.2011. 2. Heard the learned counsel appearing on both sides. Sri.N.Unnikrishnan, the learned counsel appearing for the fourth respondent submitted that the petitioner had availed three loans while in service and as on today, the sum of Rs.1,56,993/- is due from him in respect of the said three loans. The learned counsel also submitted that if the Kerala State Road Transport Corporation pays over the said amount to the fourth respondent society on or before 31.3.2011, the society will extend to the petitioner the benefits flowing from Circular No.63 of 2010 and refund to the petitioner the excess amount, if any, remitted by the Kerala State Road Transport Corporation. 3. Sri.V.V.Nandagopal Nambiar, learned standing counsel appearing for the Kerala State Road Transport Corporation submitted that till date the terminal benefits have not been disbursed to the W.P.(C) No.9813 of 2011 2 petitioner though his turn for payment has arisen. 4. In such circumstances, I dispose of the writ petition with the following directions:- i) The first respondent shall pay over to the fourth respondent the sum of Rs.1,56,993/- from out of the Death-Cum-Retirement Gratuity payable to the petitioner on or before 31.3.2011. ii) On such payment being received, the fourth respondent society shall extend to the petitioner the benefits flowing from Circular No.63 of 2010 dated 23.12.2010 and refund to the petitioner within one month from today the excess amount, if any, after settling the loans. The fourth respondent shall also simultaneously record full satisfaction of its claims against the petitioner. iii) Respondents 1 and 2 shall also disburse to the petitioner the balance terminal benefits, if there is no impediment for such payment, within two months from today. Registry is directed to issue certified copies of the judgment, if applied for, today itself. P.N. RAVINDRAN, JUDGE. nj.