High Court Kerala High Court

N.Narayanan vs The Kerala State Road Transport on 17 August, 2009

Kerala High Court
N.Narayanan vs The Kerala State Road Transport on 17 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20819 of 2009(V)


1. N.NARAYANAN,S/O.RAMAN,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR AND

3. THE ASSISTANT ACCOUNTS OFFICER(PENSION),

4. THE DISTRICT TRANSPORT OFFICER,

5. THE SECRETARY,

6. THE ASSISTANT REGISTRAR OF CO-OPERATIVE

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/08/2009

 O R D E R
                    ANTONY DOMINIC,J.
                 ---------------------
                 W.P.(C).No.20819 OF 2009
              ------------------------
            Dated this the 17th day of August, 2009.

                          JUDGMENT

Petitioner submits that towards his liability to the 5th

respondent Co-operative Society, amounts were recovered

from his salary and as is seen from Ext.P1 certificate issued

by the 4th respondent, the entire liability has been

discharged. It is stated that, while effecting recovery from

his salary, an amount of Rs.8,485/- has been recovered in

excess of what was actually due and the said amount is still

retained by the 4th respondent. In this writ petition what the

petitioner prays for is a direction to refund the excess

amount.

2. If as stated by the petitioner, the liability has been

discharged fully and there is an excess recovery, there is no

reason why the amount shall not be refunded to the

petitioner.

WP(c).No.20819/09 2

3. Therefore, the writ petition is disposed of directing

that, on the production of a copy of this judgment, the 4th

respondent shall advert to the case of the petitioner and if

there is excess recovery as contended by the petitioner, the

same shall be refunded forthwith.

Petitioner shall produce a copy of the judgment along

with a copy of the writ petition before the 4th respondent for

compliance.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.20819/09 3