IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 2193 of 2007(J) ------------------------- PETITIONER: --------------- A.ABDUL RASHEED, CONDUCTOR (SPECIAL GRADE), K.S.R.T.C., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.ANANDARAJAN.N SRI.K.K.MANGALANANDAN RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD. 4. THE SECRETARY, KERALA STATE ROAD TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD.NO.133, THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-3 SRI.V.V.NANDAGOPAL NAMBIAR FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 2193 OF 2007 -------------------------------------- Dated this the 18th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner, an employee of the KSRTC, is aggrieved by certain recovery proceedings against him allegedly referable to a loan availed by him from the 4th respondent society. The 4th respondent has filed a counter affidavit stating among other things as follows: “The petitioner, Shri.Abdul Rasheed, had availed a loan No.BAL-36844 on 22.1.1999 of Rs.40,000/- payable in 50 monthly instalments ending on 22.3.2003, through salary deductions for a total recovery of Rs.57,000/-. It appears that the recovery of monthly instalments were regular as per loan schedule. But the recovered amounts were not remitted by the KSRTC to the Society in time which resulted in accumulation of interest for Rs.9355 as on this date. As per the agreement and other documents executed by the petitioner and sureties, till the loan amount due including principal and interest is paid, account cannot be closed. It is therefore, humbly submitted that since the delay is attributable to the KSRTC W.P.(C) No.2193/2007 2 the respondent Corporation is liable to pay Rs.9355/- as on 22.1.2006 against the loan account No.BAL-36844/99 to the Society. There is a delay of 13 months in remitting the recovered amounts. ..................... ......................... ..................... ......................... Hence, the KSRTC may kindly be directed to pay Rs.9355/- to the Society, 4 th respondent and to refund Rs.1070/- towards the salary recovery made in 11/06 to the petitioner.” 2. The KSRTC has also filed a counter affidavit, in which it does not state about any collections having been made. At hearing, the pleadings of the 4th respondent as quoted above are not rectified. In the result, this Writ Petition is ordered directing that KSRTC shall paid the 4th respondent Society an amount of Rs.9,355/- as on 22/1/2006 and interest thereon, as claimed by 4th respondent. The KSRTC will also refund an amount of Rs.1070/- to the petitioner. There shall be no further recovery from the salary of the petitioner. THOTTATHIL B. RADHAKRISHNAN, Judge ps