IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 31596 of 2003(J) -------------------------- PETITIONER(S): --------------- T.C.DAMODARAN S/O. KUNHIMANAN, AGED 62 YEARS, HEAD VEHICLE SUPERVISOR (RETD.), KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE, NOW RESIDING AT SREE NILAYAM, COMBALA P.O., VADAKARA, KOZHIKODE. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. ADV. SRI.JAMES KOSHY.N., SC. KSRTC SRI.P.PARAMESWARAN NAIR, SC, KSRTC FOR R1,2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 31596/2003) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF PROCEEDINGS NO.PA(R)2/012219/03 DTD. 11.7.2003 ISSUED BY THE ASST.PERSONNEL OFFICER. EXT.P2 TRUE COPY OF PROCEEDINGS NO.PR2/012219/03 DTD. 10.7.2003 ISSUED BY THE ASST,.ACCOUNTS OFFICER(PENSION REVISION-AUDIT). EXT.P3 TRUE COPY OF THE ADDITIONAL AFFIDAVIT DTD. 21.7.2003 FILED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE REPLY AFFIDAVIT DTD. 11.8.2003 FILED BY THE PETITIONER AGAINST EXT.P3 ADDITIONAL AFFIDAVIT. lgk THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 31596 OF 2003 ............................................ DATED THIS THE 24th DAY OF JULY, 2009 JUDGMENT The petitioner was a driver in the KSRTC. He retired on 31.5.1997. His retiral dues were sought to be adjusted against the amounts paid by the KSRTC in satisfaction of an MACT award. The petitioner earlier moved this court. Following that judgment in proceedings under Contempt of Court Act, the respondents admitted that the limit of recovery is confined to Rs.43,890/-. Not only that, in so far as further amounts are concerned, no action was taken in terms of Rule 3 of Part III, Kerala Service Rules. The recoveries had also become time- barred. If at all an amount of Rs.10,000/- has already been recovered from Provident Fund dues, the parties stand governed by the interim order dated 18.3.2005 obliging the respondents to return it to the petitioner. Having regard to the statement placed on record by the KSRTC that no amount has been recovered and that no notice has been issued, petitioner is entitled to succeed. Therefore, it is ordered that if any amount in excess of Wpc 31596/2003 2 Rs.43,890/- as stated in Ext.P3 has been recovered, the same has to be released to the petitioner. The uncontroverted statement of the writ petitioner is that petitioner is entitled to refund of Rs.1,43,012/-. In the result, this writ petition is allowed directing the respondents to pay to the petitioner the amount of Rs.88,345/- within a period of two months from the date of receipt of a copy of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/24/7