IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 8987 of 2010(W) --------------------------------------- PETITIONER(S): -------------------------- 1. M.V.GEORGE, S/O.VARGHESE, MADANI HOUSE, THAIKKATTUKARA.P.O, ALUVA-6. (PUMP OPERATOR, KSRTC, ALUVA DEPOT). 2. O.J.PETER, S/O.JOSEPH, OVUNGAMALLY HOUSE, PULLUVAZHY.P.O, PIN-683 541, PERUMBAVOOR.(CONDUCTOR, KSRTC, PERUMBAVOOR). BY ADVS. SRI.P.JAYAKUMAR, SRI.V.N.MOHANADASAN. RESPONDENT(S): --------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, KSRTC, ALUVA. 3. DISTRICT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR. 4. ASSISTANT TRANSPORT OFFICER, KSRTC, ANKAMALY. 5. P.S.SATHYAN, PANACHIKALATHIL HOUSE, PANAMBUKADU, VALLARPADAM.P.O, ERNAKULAM-682 031. (CONDUCTOR, RETIRED KSRTC ANKAMALY). 6. SECRETARY, THE ALWAYE STATE TRANSPORT STAFF CO-OPERATIVE SOCIETY LTD. NO.3.158, KSRTC BUS STATION, ALUVA. BY ADV. MR. V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8987 of 2010 ------------------------------------------- Dated this the 6th day of April, 2010 JUDGMENT The petitioners who are employees of the Kerala State Road Transport Corporation ('KSRTC' for short) have filed this writ petition challenging the action initiated against them for recovery of the amounts due from the 5th respondent. The amounts are payable to the 6th respondent. The petitioners were sureties for the loan transaction. It is submitted that the 5th respondent has retired and that his retirement benefits are due and payable to him within a short period of time. The petitioners therefore contend that the amounts due to the 6th respondent may be directed to be recovered from the retirement benefits of the 5th respondent, who is the principal debtor. The petitioners contend that the retirement benefits have not been disbursed till date. 2. Adv.V.V.Nandagopal Nambiar, the Standing Counsel for the KSRTC submits that if sufficient amounts are available to be paid to the 6th respondent, the amounts wpc No.8987 of 2010 2 due to the 6th respondent shall be recovered from the retirement benefits of the 5th respondent. He also does not know whether the retirement benefits have been actually paid to the 5th respondent or not. In view of the above submission, I do not think it necessary to go into the other contentions raised in this writ petition. 3. This writ petition is accordingly disposed of recording the above undertaking of the standing counsel that if sufficient amounts are available to be paid to the 5th respondent as retirement benefits and if the said benefits have not been paid till date, the amounts due to the 6th respondent shall be recovered and only the balance amount would be paid to the 5th respondent. Needless to say that if the amounts available to be paid as the retirement benefits of the 5th respondent is not sufficient to clear the liabilities to the 6th respondent, the KSRTC would be free to recover the necessary balance amounts from the salary of the petitioners. K.SURENDRA MOHAN, JUDGE css/