IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12346 of 2007(T)
1. T.K.VIJAYAN,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE FINANCIAL ADVISOR AND
3. THE ASSISTANT TRANSPORT OFFICER,
4. THE SECRETARY,
For Petitioner :SRI.ANANDARAJAN.N
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :20/11/2009
O R D E R
THOTTATHIL B RADHAKRISHNAN , J.
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W.P. (C) No. 12346 OF 2007
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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 the entire
amount were recovered from him by KSRTC, but not paid to
the 4th respondent Society. The 4th respondent has filed a
counter affidavit stating, inter alia, as follows.
“The petitioner, Shri. T.K. Vijayan, had availed a
loan No. BAL 34822 on 15.12.1997 of Rs. 35,000/-
with an undertaking to repay a total amount of
Rs.47,320/- in 40 monthly installments @ of Rs.
1,183/- each by way of salary deduction ending on
15.4.2001. It appears that the recovery of monthly
installments were regular as per loan schedule. But
the recovered amounts were not remitted by the
KSRTC to the Society in time which resulted in
accumulation of interest for Rs. 12,684/- as on
15.4.2007. As soon as the amount is paid, the
account can be closed and share amount released.
2. The pleadings of the 4th respondent are not
contradicted.
3. In the result, the KSRTC is directed to pay to the 4th
respondent an amount of Rs. 12,684/- as on 15.4.2007 with
WPC.12346 of 2007
: 2 :
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