IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1736 of 2010(N)
1. M.ABDUL AZEEZ,(S/O.MOHAMMEDKUTTY)
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS
3. THE ASSISTANT TRANSPORT OFFICER,
4. THE SECRETARY,KERALA STATE TRANSPORT
For Petitioner :SRI.ANANDARAJAN.N
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/02/2010
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.1736 OF 2010 (N)
--------------------------------------------------
Dated this the 5th day of February, 2010
J U D G M E N T
Petitioner was an employee of the KSRTC. He retired from
service on 30.4.2005. Petitioner had certain liabilities to the 4th
respondent. In terms of Section 37 of the Co-operative Societies
Act, KSRTC will recover the amount in instalments from the salary
of the petitioner and pay over to the Society. It is stated that though
KSRTC recovered the amounts from the salary in time, remittance
was made to the Society only belatedly. It is stated that the delayed
remittance as a result of the Society realized interest from the
petitioner. Petitioner submits that such liability for interest occurred
only because of the default of the KSRTC in making timely
remittance to the Society. According to him, Rs.9627/- is the excess
amount that was realized by the Society, which the KSRTC should
refund to him.
2. The society has filed a counter affidavit where they
concede that an amount of Rs.9627/- was realized towards
overdue interest and the Society further states that Rs.9627/- is
WPC.No.1736 /2010
:2 :
repayable by the KSRTC to the petitioner as the additional liability
was caused, on account only of the default of the KSRTC. Therefore,
if such liability was fastened on the petitioner, because of the
default of the KSRTC, is responsible to compensate the petitioner.
3. Therefore respondents 1 to 3 are directed to verify the
accounts and if is found that there has been belated remittance to
the 4th respondent, the overdue interest which the petitioner had to
pay on account of such default of the KSRTC, should be quantified
and refunded to the petitioner. The aforesaid process should be
completed as expeditiously as possible and at any rate within 8
weeks from the date of production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No.1736 /2010
:3 :