IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 1736 of 2010(N) ------------------------- PETITIONER(S): --------------- M.ABDUL AZEEZ,(S/O.MOHAMMEDKUTTY) SUDHEER MANZIL,VETTUVENI,HARIPAD.(CHARGEMAN- RETIRED K.S.R.T.C,HARIPAD DEPOT). BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTEDBY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,K.S.R.T.C.TRANSPORT BHAVAN,FORT P.O, THIRUVANANTHAPURAM-23. 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C,HARIPPAD. 4. THE SECRETARY,KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LIMITED NO. T 133, THAMPANOOR,THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 SC FOR KSRTC SRI. V.V.N. NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1736 OF 2010 (N) -------------------------------------------------- Dated this the 5th day of February, 2010 J U D G M E N T Petitioner was an employee of the KSRTC. He retired from service on 30.4.2005. Petitioner had certain liabilities to the 4th respondent. In terms of Section 37 of the Co-operative Societies Act, KSRTC will recover the amount in instalments from the salary of the petitioner and pay over to the Society. It is stated that though KSRTC recovered the amounts from the salary in time, remittance was made to the Society only belatedly. It is stated that the delayed remittance as a result of the Society realized interest from the petitioner. Petitioner submits that such liability for interest occurred only because of the default of the KSRTC in making timely remittance to the Society. According to him, Rs.9627/- is the excess amount that was realized by the Society, which the KSRTC should refund to him. 2. The society has filed a counter affidavit where they concede that an amount of Rs.9627/- was realized towards overdue interest and the Society further states that Rs.9627/- is WPC.No.1736 /2010 :2 : repayable by the KSRTC to the petitioner as the additional liability was caused, on account only of the default of the KSRTC. Therefore, if such liability was fastened on the petitioner, because of the default of the KSRTC, is responsible to compensate the petitioner. 3. Therefore respondents 1 to 3 are directed to verify the accounts and if is found that there has been belated remittance to the 4th respondent, the overdue interest which the petitioner had to pay on account of such default of the KSRTC, should be quantified and refunded to the petitioner. The aforesaid process should be completed as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.1736 /2010 :3 :