IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 37105 of 2007(P) --------------------------------------- PETITIONER: ------------------- A.V.KRISHNAN KUTTY, S/O VELAYUDHAN, AGED 59 YEARS, RETIRED CHARGEMAN,KSRTC,R/W,ALUVA, RESIDING AT EDAPPUTTACKALM HOUSE,IRINGOLE P.O, PERUMBAVOOR-683 548. BY ADV. SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK. RESPONDENTS: ----------------------- 1. KERALA STATE ROAD TRANSPORT COPRPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN,THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,THIRUVANANTHAPURAM. 3. THE MECHANICAL ENGINEER, KSRTC,REGIONAL WORKSHOP,ALUVA. 4. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY T.133, THIRUVANANTHAPURAM, REP. BY SECRETARY. BY SHRI.JOHNSON P.JOHN, S.C, KSRTC. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37105/2007-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE CERTIFICATE DTD. 28/11/07 ISSUED BY R.3. EXT.P.2: COPY OF THE GRATUITY PAYMENT ORDER DTD. 29/09/07 ISSUED BY CHIEF ACCOUNTS OFFICER OF KSRTC. RESPONDENT'S EXHIBITS: EXT.R4.A: COPY OF THE STATEMENT OF RECOVERY POSITION OF THE WRIT PETITIONER IN W.P.(C). NO. 37105/07-W. EXT.R4.B: COPY OF THE JUDGMENT DTD. 12/12/2006 IN W.A. NO. 2060/06. EXT.R4.C: COPY OF THE JUDGMENT DTD. 23/11/2007 IN W.P.(C). NO. 21620/07. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.37105 of 2007-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. JUDGMENT 1.Going by the averments in the writ petition and the counter affidavit of the fourth respondent, KSRTC has recovered the entire amounts due from the petitioner to the fourth respondent well in time but had however, unauthorizedly retained such amounts without transmitting it over to the fourth respondent. 2.Following the decisions of this Court in Exts.R4 (B) and R4(C) judgments, this writ petition is allowed quashing all recoveries against the petitioner and directing that the KSRTC shall refund to the petitioner an amount of Rs.13,267/-, i.e., the loan amount, excluding the WP(C)37105/07 -: 2 :- emergency loan amount. Such amount shall be released to the petitioner within one month from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/