IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26604 of 2008(P) -------------------------- PETITIONER: ------------ M.K.CHELLAPPAN, S/O.KUTTAN, MECHANIC (RETIRED), K.S.R.T.C.KOTTAYAM, ANGADIKUNNEL HOUSE, AREEPARAMBU.P.O, KOTTAYAM. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM. 3. THE ASSISTANT ACCOUNTS OFFICER, (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD, N.H.T.133, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R5 ADV.SRI.K.PRABHAKARAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26604 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. JUDGMENT 1.Adv.Sri.K.Prabhakaran appears for respondents 1 to 4 and Adv.Sri.N.Unnikrishnan appears for 5th respondent. 2.The 5th respondent has filed a counter affidavit producing Ext.R5(A) statement and pleading in paragraph 2 of the counter affidavit as follows: “2.The writ petitioner, Shri.M.K.Chellappan, had availed a loan No.BAL-38285 of Rs.50,000/- in 12/11/1999 at 18% interest, repayable in 50 monthly instalments @ Rs.1403/- ending in 12/1/2004, with a total amount of Rs.70,150/-. Since there is default in making payment towards the above loan account, Exhibit-R3 was issued. On verification, it is understood that recoveries were effected promptly by the KSRTC and the WP(C)26604/08 -: 2 :- recovered amounts were retained by it. There is a delay of more than 24 months on the part of KSRTC to make the payment. Hence, it is submitted that KSRTC is liable to pay an amount of Rs.14,426/- on behalf of the petitioner towards the above loan to the 5th respondent. As soon as the amount is received, the share and thrift amounts will be released to the petitioner. The position is covered by Judgment dated 13/11/2007 of this Hon'ble Court in W.P.(C)No.27214/07 following judgment in W.A.No.2060/06 and R.P.No.119/07.” Having regard to the aforesaid, this writ petition is ordered directing that the KSRTC will pay to the 5th respondent the amounts as stated in the portion of the counter affidavit of the 5th respondent as quoted above within a period of one month and the 5th respondent will release the amounts to the petitioner accordingly, if not already paid. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/040908