IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 25511 of 2008(K) -------------------------- PETITIONER(S): --------------- P.RAGHAVAN, S/O.K.K.PONNAN, CHARGEMAN RETD., KERALA STATE ROAD TRANSPORT CORPORATION, R/AT.ATHIRA NIVAS, ENNAPPADAM, KOTTEKKAT PO., PALAKKAD. BY ADV. SRI.P.R.VENKATESH RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM. *ADDL.R2. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETIES LIMITED, T133, THAMPANOOR, THIRUVANANTHAPURAM. *(IMPLEADED ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED 10/02/2010 ON I.A.NO.1725/2010) MR.V.V.N.NAMBIAR, SC FOR THE RESPONDENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25511/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CERTIFICATE ISSUED BY THE WORKS MANAGER AT THE REGIONAL WORKSHOP, EDAPAL DATED 05/09/2002. P2 : COPY OF THE CERTIFICATE DATED 02/08/2003 ISSUED BY THE WORKS MANAGER AT THE REGIONAL WORKSHOP, EDAPAL. P3 : COPY OF THE NOTICE DATED 03/04/2006 FROM THE KERALA STATE TRANSPORT WORKERS SOCIETY. P4 : COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE SECRETARY, KERALA STATE TRANSPORT WORKERS SOCIETY DATED 26/05/2006. P5 : COPY OF THE GRATUITY PAYMENT ORDER DATED 12/07/2007 ISSUED BY THE CORPORATION TO THE PETITIONER. P6 : COPY FO THE ORDER SANCTIONING COMMUTATION PENSION DATED 12/07/2007 SANCTIONING AN AMOUNT OF RS.2,02,545/- FROM THE CORPORATION. P7 : COPY OF THE JUDGMENT IN WP(C) NO.24749/2004 DATED 13/09/2004 FILED BY CERTAIN OTHER SIMILARLY SITUATED EMPLOYEES. P8 : COPY OF THE CHEQUE DATED 23/07/2007 ISSUED TO THE PETITIONER BY THE CORPORATION. P9 : COPY OF THE REPRESENTATION DATED 12/12/2007 . RESPONDENT'S EXHIBITS R1(a) : COPY OF THE NOTICE DATED 06/08/2006. R1(b) : COPY OF THE LETTER OF CONSENT DATED 06/10/2006. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25511 of 2008 (K) --------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T The petitioner was a Chargeman, who retired from the Edappal Depot of the Kerala State Road Transport Corporation on 31/07/2003. While he was in service, he availed of certain financial assistance from the Kerala State Financial Enterprises and the Kerala State Transport Workers Co-operative Society Ltd. According to the petitioner, the liability was being discharged by way of instalments, which were recovered by the employer from his salary. It is stated that although such recoveries were made in time, delay was caused in remitting the amount to the respective institutions. As a result of which, those institutions levied overdue interest on the petitioner. The petitioner submits that by way of overdue interest, Rs.28,255/- was levied, and that the said amount was recovered from his terminal benefits. 2. The contention of the petitioner is that default was occurred at the hands of the KSRTC, in as much as, it had after WP(C) No.25511/2008 -2- making recoveries in time, did not make timely remittance of the amount to the respective institutions. 3. If as stated by the petitioner, delay has occurred only for the reasons attributable to the KSRTC, the petitioner cannot be saddled with the liability for payment of overdue interest. If overdue interest has been realised in the circumstances as pointed out above, the petitioner is entitled to be compensated by the KSRTC. This necessarily calls for verification of the records of the KSRTC as to whether delay has occurred at their hands in remitting the amount, and on such examination, if delay has in fact occurred, the KSRTC should reimburse the amount to the petitioner. This writ petition is, therefore, disposed of directing the KSRTC to verify its records and ascertain as to whether delay has occurred at their hands in remitting the amount recovered from the petitioner to the KSFE and to the Society referred to above. On such examination, if it is found that delay has occurred for reasons which were entirely attributable to the KSRTC, the KSRTC should refund to the petitioner the amount recovered from his terminal benefits towards overdue interest, which was paid to the KSFE and to the WP(C) No.25511/2008 -3- Society referred to above. The aforesaid process of verification will be completed as expeditiously as possible, at any rate, six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg