IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21308 of 2009(G)
1. K.NARAYANA PILLAI, (STORE ASSISTANT,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Respondent
2. DISTRICT TRANSPORT OFFICER,
3. KERALA STATE TRANSPORT WORKERS'
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :02/12/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.21308 OF 2009
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Dated this the 2nd day of December, 2009
JUDGMENT
1.The petitioner retired from the K.S.R.T.C. on 31.3.2001. He
had availed a loan from the third respondent society. Though
the entire amount due against that loan account was recovered
from the salary of the petitioner, it was not duly credited by
the K.S.R.T.C. to the third respondent, it is contended. The
third respondent society, therefore, initiated action for further
recovery on account of interest for belated payments.
2.The third respondent has filed a counter affidavit stating as
follows:
“The petitioner, Shri K.Narayana Pillai, had availed
a loan bearing No.BAL-33989 on 14.8.1997 of an
amount of Rs.35,000/- with 19% interest repayable
in 38 monthly instalments @ Rs.1245/- per month
for a total amount of Rs.42,310/- ending on
14.10.2000. It appears that the recovery was
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2
regular, except 3 instalments. The recovery was
continued up to 1/2001 as against 10/2000. An
amount of Rs.47310/- was recovered by salary
deduction, along with Rs.1500/- extra remitted in
cash by the petitioner, totalling the recovered
amount to Rs.48810/- as against Rs.47310/-. Since
the recovered amount was retained by K.S.R.T.C.
and due to non-deduction of salary for three
months from the petitioner’s side, a further liability
towards interest, is worked out to Rs.12,469/- on
7/2009. (i.e. Rs.11,969/- as per the balance of loan
statement plus Rs.1500/- cash remitted by the
petitioner”.
The third respondent has also placed a statement of recovery
position on record as Ext.R3(a). Accordingly, the third
respondent contends that the K.S.R.T.C. has to pay to it an
amount of Rs.11969/-and refund and amount of Rs.199/- to the
petitioner.
3.None of the other parties contradicted the stand of the third
respondent. I am satisfied that the pleadings of the third
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respondent to the aforesaid effect can be acted upon in
accordance with law. Hence this writ petition is ordered
directing refund of Rs.199/- to the petitioner and payment of
Rs.11,969/- to the third respondent. This shall be done within
a period of two weeks from the date of receipt of a copy of this
judgment. All further proceedings by way of recovery against
the petitioner will stand dropped therewith.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.9/12.