IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 29970 of 2010(U) --------------------------------------- PETITIONERS: --------------------- 1. P.SASIDHARAN PILLAI, S/O.PADMANABHA PILLAI, "CHITHIRA", VETTILATHAZHAM, DECENT JUNCTION P.O., KOLLAM-691 577, (INSPECTOR (RTD.) K.S.R.T.C., KOLLAM DEPOT). 2. K.P.SUBHASH BABU, S/O.PURUSHOTHAMAN, "SOUMYA VIHAR", MAMPALLIKUNNAM, MEENADU, CHATHANOOR P.O., KOLLAM, (INSPECTOR (RTD.), K.S.R.T.C., CHATHANOOR DEPOT). BY ADVS. SRI.ANANDARAJAN.N, SRI.C.SADASIVAN NAIR. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, K.S.R.T.C. TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOLLAM. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C. VIKAS BHAVAN, DEPOT, THIRUVANANTHAPURAM. W.P.(C).NO.29970/2010-U: 5. P.PRITHIRAJAN PILLAI, PLAVILA VEEDU, VETTILATHAZHAM, DECENT JUNCTION, P.O. KOLLAM. (CONDUCTOR (RTD.) K.S.R.T.C. VIKAS BHAVAN DEPOT). 6. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETIES LIMITED NO.T.133, THAMPANOOR, THIRUVANANTHAPURAM. 7. THE ARBITRATOR (ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES), KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETIES LIMITED T.133, THIRUVANANTHAPURAM). 8. THE SECRETARY, QUILON DISTRICT STATE TRANSPORT EMPLOYEES' CO-OPERATIVE SOCIETIES LTD. NO.Q-76, KOLLAM. R1 TO R4 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C, R6 BY ADV. SRI.N.UNNIKRISHNAN,S.C, R7 BY GOVT. PLEADER SMT. DEEPA.K.R, R8 BY ADV. SRI.N.SASIDHARAN UNNITHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29970/2010-U: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: PETITION DTD. 20/02/2010 FILED BY THE R6 BEFORE THE R7. EXT.P.2: COPY OF AWARD DTD. 20/04/2010 OF THE R7 ARBITRATOR. EXT.P.3: COPY OF LETTER NO. 382/07 DT.11/02/2008 OF THE R8 SENT TO THE R4. EXT.P.4: COPY OF NOTICE NO.170/2010-11 DTD. 11/09/2010 SENT TO THE P1 BY THE R8. EXT.P.5: COPY OF NOTICE NO.171/2010-11 DTD 11/09/2010 SENT TO THE 2ND PETITIONER BY THE R8. RESPONDENTS' EXHIBITS: EXT.R6.A: COPY OF STATEMENT OF ACCOUNT IN RESPECT OF LOAN NO.BAL-41209 AVAILED BY THE R5. EXT.R6.B: COPY OF APPLICATION NO.1040 SUBMITTED BY THE R5. EXT.R6.C: COPY OF SURETY BOND DTD. 24/07/2001 EXECUTED BY R5. EXT.R6.D: COPY OF THE CONSENT LETTER DTD. 24/07/2001 SUBMITTED BY R5. EXT.R6.E: COPY OF THE CONSENT LETTER DTD. 24/07/2001 SUBMITTED BY P1. EXT.R6.F: COPY OF THE CONSENT LETTER DTD. 24/07/2001 SUBMITED BY P2. EXT.R6.G: COPY OF CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP OF CO- OPERATIVE DT. 03/05/2001. EXT.R8.A: COPY OF LOAN APPLICATION OF THE R5. EXT.R8.B: COPY OF THE SURETY BOND DTD. 20/04/2004. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 29970 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2011 J U D G M E N T The petitioners are retirees from the service of the Kerala State Road Transport Corporation(for short 'the Corporation'). They stood as sureties to the 5th respondent to enable him to avail loan from the respondents 6 and 8. The 5th respondent was not prompt in repayment and on account of his default in repayment the 6th respondent resorted to appropriate proceedings to effect realisation of the amount due towards the loan amount and that ultimately culminated in Ext.P2 award. Thereafter, Exts.P4 and P5 notices were served on the petitioners. It is in the said circumstances that this writ petition has been filed by the petitioners with the following prayers:- ii. to issue a writ in the nature of certiorari quashing all proceedings pursuant to Exts.P2, P4 and P5 iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to recover an amount of Rs.98,835/- with interest thereon as per Ext.P2 award due to the 6th respondent society and Rs.2,01,850/- with interest thereon as per Exts.P3, P4 and P5 due to the 8th respondent society from the retirement benefits due to the 5th respondent and to remit the same to the 6th and 8th respondent societies immediately. WPC.No.29970/2010 : 2 : iv. to issue a writ of prohibition restraining the 1st respondent from releasing the retirement benefits to the 5th respondent without recovering the amount due to the 6th and 8th respondent societies as per Ext.P2, P3, P4 and P5 v. To declare that the amounts due from the 5th respondent to the 6th and 8th respondent societies as per Ext.P2, P3 and P4 are liable to be recovered from the retirement benefits due to the 5th respondent. 2. Though notice has been served on the 5th respondent in this proceedings he not not chosen to enter appearance and contest the matter. 3. I have heard the learned counsel for the petitioners and also the learned standing counsel for the respondents 1 to 4, learned Standing counsel for the 6th respondent and the learned counsel for the 8th respondent. Separate counter affidavits have been filed by 6th and 8th respondents. In the counter affidavit filed by the 6th respondent it is stated that on account of the failure on the part of the 5th respondent in effecting repayment an amount of Rs.99,233/- became due towards the loan account No.BAL 41209 that stands in his name. In the counter affidavit filed by the 8th respondent it is stated that on account of the failure on the part of the 5th respondent in effecting repayment towards the loan account bearing NO.OC/41/04-05 that stands in his name with the said WPC.No.29970/2010 : 3 : respondent, an amount of 2,01,850/- became due. In short, the loan liability of th 5th respondent towards the 6th respondent is Rs.99233/- and towards the 8th respondent it is Rs.2,01,850/-. The 5th respondent is not interested in discharging the said liabilities towards the 6th and 8th respondents. It is on account of the failure and lapse on his part that the petitioners have been put to face this situation. 4. As already noticed, the 5th respondent has not chosen to enter appearance despite the receipt of notices in this proceedings. Therefore, the contentions regarding his liabilities as claimed by the 6th and 8th respondents, in their counter affidavit, stand undisputed. In the circumstances, this writ petition is disposed of with the following directions:- The respondents 1 to 4 shall take appropriate steps to effect deduction of an amount of Rs.99233/- from the retiral benefits payable to the 5th respondent and deposit it in the loan account bearing No. BAL 41/209 that stands in the name of the 5th respondent with the 6th respondent, to enable the 6th respondent to close the said loan account. The 1st respondent shall also deduct a further amount of Rs.2,01,850/- from the WPC.No.29970/2010 : 4 : retiral benefits of the 5th respondent and remit it in the loan account bearing No.OL/41/04-05 that stands in the name of the 5th respondent with the 8th respondent to enable the 8th respondent to close the said account. This shall be done expeditiously, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. In view of the said position, the 6th respondent shall not take any further action based on Exts.P3, P4 and P5. If there is no other liability outstanding against the 5th respondent the first respondent shall take prompt steps for disbursement of the balance amount, if any, of the retiral benefits to the 5th respondent, in accordance with the directions in W.A No.289/2001. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge