IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 19101 of 2011(K) -------------------------- PETITIONER: --------------- V.K. SAKUNTHALA, W/O. VASU (LATE) PEON (RETIRED), KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE, VADAKKEKIZHUVANNA, P.O. MAKKADA, VIA PAKKODI, KOZHIKODE. BY ADV. MR.P.P.SOMAN NAIR MR.K.S.MURALIKRISHNAN NAIR RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRASNPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,THIRUVANANTHAPURAM. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRASNPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRASNPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O,THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRASNPORT CORPORATION, KOZHIKODE. 5. THE SECRETARY, KERALA STATE TRANSORT WORKERS CO-OPERATIVE SOCIETY LTD. NO. T. 133, THAMPANOOR, THIRUVANANTHAPURAM. ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R5 MR.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19101 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PAGE 1 OF PPO NO.33967 ISSUED TO THE PETITIONER BY R1. EXT.P2: RECOVERY CERTIFICATE ISSUED BY R4. EXT.P3: PAGE 17 OF THE PENSION PAYMENT ORDER OF THE PETITIONER. EXT.P4: JUDGMENT OF THIS COURT IN W.P.(C).NO.5036/2011. RESPONDENTS' EXHIBITS: EXT.R5(A): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL.35180. ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.19101 Of 2011 ---------------------- Dated this the 23rd day of August, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the 1st respondent Corporation to refund an amount of Rs,11,200/- recovered from the DCRG of the petitioner as due to the 5th respondent Society with 9% interest till the date of payment and for other incidental reliefs. 2. The petitioner retired from the service of KSRTC on 30.6.2004. The petitioner submits that the loan availed by the petitioner from the 5th respondent society was recovered from the salary of the petitioner from March, 1998 to April 2002. After retirement, DCRG due to the petitioner was paid during August, 2008. It is submitted that an amount of Rs.11,200/- was recovered towards the liability to the 5th respondent Society. The petitioner submits that respondent Corporation failed to remit the amount recovered from the salary of the petitioner in time to the 5th respondent Society. The petitioner pointed out that as per Section 37 of the Kerala Co-operative Societies Act, it ::2:: W.P.(C).No.19101 Of 2011 is the duty of the 1st respondent to remit the amount so recovered within seven days of such recovery. 3. This Court had occasion to consider similar case of another employee of the KSRTC. Ext.P4 is the copy of the judgment. This Court after considering the facts on similar lines, directed the 1st respondent Corporation to refund the amount deducted from the DCRG of the petitioner therein within three weeks from the date of receipt of a copy of the judgment. It was further ordered that in case of failure on the part of the Corporation to refund the aforesaid amount within the stipulated time, the amount will carry 7% interest per annum. 4. It is not disputed that the entire amount towards repayment of loan as per the instalment fixed by the 5th respondent Society was already recovered from the salary of the petitioner as certified in Ext.P2. It is also not disputed that the petitioner is not liable to pay any amount for the belated payment of recovery amount to the Society. In these circumstances, the case of the petitioner, that recovery of the amount from the DCRG is illegal and the respondent Corporation ::3:: W.P.(C).No.19101 Of 2011 is liable to refund the amount to the petitioner with interest. Considering the fact that this Court had occasion to consider the same facts in Ext.P4 case, the petitioner is entitled to the same relief as extended by this Court in Ext.P4 case. 5. In these circumstances, the 1st respondent is liable to refund the amount deducted from the DCRG of the petitioner. Accordingly, there will be a direction to the 1st respondent Corporation to refund an amount of Rs.11,200/- with interest at 7% per annum from the date of disbursement of DCRG (8.8.2008) within two months from the date of receipt of a copy of this judgment. In case of failure on the part of the Corporation to refund the said amount within the above said period, the amount will carry interest at 7% per annum. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-