IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 1066 of 2008(B) ------------------------- PETITIONER(S): --------------- K.P.GOPALAN, S/O. PARAMESWARAN, THUNDIYIL, KATTITHARA ROAD, (DRIVER, RETD. K.S.R.T.C., ERNAKULAM ON 31.5.2004). BY ADV. SRI.K.P.JUSTINE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & 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, ERNAKULAM. 4. THE SECRETARY, K.S.T.WORKER'S CO-OPERATIVE SOCIETY LTD.NO.T.133, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R.4 SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1066 of 2008 APPENDIX Petitioners Exhibits: Ext.P1: True copy of the Pension Payment Order dt. 1.7.2004 issued by Respondent Corporation to the petitioner Ext.P2: True copy of the Certificate issued by the 3rd respondent dt.27.12.2007 Ext.P3: True copy of the representation dt. 1.10.2007 submitted by the petitioner before the respondent Corporation Ext.P4: True copy of the Judgment dt. 13.11.2007 in W.P.(C) No. 22202 of 2007 passed by this Honourable Court. /True copy/ P.A. To Judge THOTTATHIL B RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 1066 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009 J U D G M E N T The petitioner retired from KSRTC. He had availed a loan from the 4th respondent. He states that entire amount were recovered from him by KSRTC, but not paid ot the 4th respondent Society. The 4th respondent has filed a counter affidavit stating, inter alia, as follows. “The petitioner, Shri K.P. Gopalan, had availed a loan No. BAL 37451 of an amount of Rs. 40,000/- on 22.4.1999 with maturity date on 22.9.2002 repayable in 40 monthly installments @ Rs.1352/- for a total amount of Rs.54,080/- by way of salary deduction at the agreed rate of interest of 19% interest per annum. As the recovery was not started as per loan schedule, recovery schedule was revised on 17.8.1999 for Rs.55,260/- @ 1535/- per month for a total period of 36 months ending on 9/02. Thereafter, the recovery was started regularly except in 12/2000. KSRTC has retained recovered amounts without remitting it to the 4th respondent Society causing a delay of 20 months. it resulted in accumulation of additional liability of Rs. 20,626/- as on 14.1.2008. Since the delay is attributable to the KSRTC, it is liable to remit the above liability to the 4th respondent Society.” WPC.1066 of 2008 : 2 : In WA 2060/2006 it was held by this court as follows: “in any case, whatever amount is recovered and retained by the KSRTC, it is bound to remit to the appellant with interest at the same rate at which it is charged by the appellant on the first respondent” The pleadings of the 4th respondent are not contradicted. In the result, the KSRTC is directed to pay to the 4th respondent an amount of Rs. 20,626/- as on 14.1.2008 with interest due thereon. All recovery proceedings against the petitioner will stand quashed and the KSRTC will release to the petitioner any amount still outstanding with it, without giving effect to any recovery on account of the transaction with the 4th respondent. Payment as above shall be made within a period of 45 days from the date of receipt of a copy of this judgment. ( THOTTATHIL B RADHAKRISHNAN, JUDGE) jma