IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 18795 of 2011(Y) -------------------------- PETITIONER: --------------- V.V. DEVADASAN, S/O. V.G.VASUDEVAN VELEKKAT HOUSE, PERINGOTTUKARA POST OFFICE, PYNOOR, THRISSUR-680565. (ASSISTANT TRANSPORT OFFICER-RETIRED, NEDUMANGAD-RECEIVING PENSION FROM THRISSUR). BY ADV. MR.C.V.MILTON RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-695023. 2. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.T133, THAMPANOOR, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680023. ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R2 MR.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18795 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED to the PETITIONER. EXT.P2: CERTIFICATE DTD. 6.6.2007 RECEIVED FROM R3 SHOWING THE RECOVERY OF RS.60,840/-. EXT.P3: DEMAND NOTICE DTD. 4.7.2006 ISSUED TO THE PETITIONER. EXT.P4: RECEIPT NO.96432 DTD.2.9.2006 FOR RS.19,797/-. EXT.P5: REPRESENTATION DTD. 18.6.2007 TO R1. RESPONDENTS' EXHIBITS: EXT.R2(A): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL 37230. ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.18795 Of 2011 ---------------------- Dated this the 19th day of September, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the respondent Corporation to pay Rs.19,797/- illegally recovered from him by way of additional interest/penal interest due to the belated remittance of the loan recoveries to the Society. 2. The petitioner retired from the service of the 1st respondent Corporation on 30.11.2002. During March, 1999, the petitioner had availed a loan of Rs.45,000/- from the 2nd respondent Society. The petitioner submits that Rs.60,840/- has been recovered from the salary of the petitioner from 4/1999 to 7/2002 @ Rs.1,560/- per month towards the loan amount with interest. It is submitted that respondent Corporation did not remit the amount recovered from the salary of the petitioner to the Society in time. Due to inordinate delay in remitting the amount to the Society, the Society demanded delayed interest of Rs.19,650/- from the petitioner. The petitioner submits that he had to remit Rs.19,797/- to the Society. ::2:: W.P.(C).No.18795 Of 2011 3. It is pointed out that the 3rd respondent for and on behalf of the 1st respondent recovered Rs.60,840/- as per Ext.P2, but, retained the amount with them for several months without remitting it to the Society. In the above said circumstances, the Corporation is liable to pay the additional interest/penal interest due to the 2nd respondent Society on account of the delay in remitting the delay in remitting the amount recovered from the salary of the petitioner. After hearing the counsel for the petitioner and the standing counsel for the 1st respondent Corporation and 2nd respondent Society, this Court is of the view that the the relief sought for in the writ petition is allowable. It is not disputed that Rs.19,797/- now demanded by the Society has been realised from the salary of the petitioner. In these circumstances, a direction is issued to the 1st respondent Corporation to pay Rs.19,797/- to the petitioner within a period of one month from today. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-