Murali V.N vs The Kerala State Road Transport ...
2021 Latest Caselaw 5772 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                    WP(C).No.5029 OF 2020(C)


PETITIONER/S:

            MURALI V.N.
            AGED 56 YEARS
            S/O. NARAYANAN, VARIKKASSERI HOUSE,
            MANGALYA LANE, NAYARAMBALAM P.O., PIN-682 509
            (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
            NORTH PARAVUR DEPOT RETIRED ON 30.11.2017).

            BY ADVS.
            SRI.K.P.JUSTINE (KARIPAT)
            JOSEPH GEORGE .A.

RESPONDENT/S:

      1     THE KERALA STATE ROAD TRANSPORT CORPORATION,
            REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
            BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.

      2     THE MANAGING DIRECTOR
            KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, EAST FORT,
            THIRUVANANTHAPURAM-695 023.

      3     THE FINANCIAL ADVISOR AND THE CHEIF ACCOUNTS
            OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,
            TRANSPORT BHAVAN, EAST FORT, FORT P.O.,
            THIRUVANANTHAPURAM-695 023.

      4     THE ADMINISTRATIVE OFFICER
            BUDGET SECTION, KERALA STATE ROAD TRANSPORT
            CORPORATION, TRANSPORT BHAVAN, EAST FORT,
            FORT P.O., THIRUVANANTHAPURAM-695 023.

      5     THE ADMINISTRATIVE OFFICER
            CASH SECTION, KERALA STATE ROAD TRANSPORT
            CORPORATION, TRANSPORT BHAVAN, EAST FORT, FORT P.O.,
            THIRUVANANTHAPURAM-695 023.

      6     THE ASSISTANT TRANSPORT OFFICER
            KERALA STATE ROAD TRANSPORT CORPORATION, NORTH
            PARAVUR DEPOT-683 513.
 WP(C).No.5029 OF 2020(C)
                              2

      7     THE SECRETARY
            KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
            SOCIETY LTD.NO.T.133, THAMBANOOR,
            THIRUVANANTHAPURAM-695 001.

            R1-6 BY ADV. SRI.DEEPU THANKAN
            R7 BY ADV. SRI.N.UNNIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5029 OF 2020(C)
                                      3




                              JUDGMENT

Petitioner, while working in the KSRTC had availed

a loan from 7th respondent - Society. Even though the

entire amount was recovered from the petitioner, KSRTC

delayed in the remittance to 7th respondent. In the

counter affidavit of respondent No.7 at paragraph 5 it is

stated that KSRTC is liable to pay a further sum of

Rs.24,750/- (Rupees twenty four thousand seven

hundred and fifty only) to R7. It is asserted that as

soon as the KSRTC remits the above amount, the

liability of the petitioner will be closed and he will be

discharged from the loan.

2. The contention of the learned standing

counsel for the KSRTC is that, due to the heavy financial

burden, KSRTC is not in a position to discharge many

of its liabilities. It is also stated that they have paid

substantial amount with interest to the Society, from

whom the employees have taken loan. However, I am WP(C).No.5029 OF 2020(C)

inclined to dispose of the Writ Petition with a direction

that KSRTC shall pay to the seventh respondent the

amount of Rs.24,750/- (Rupees twenty four thousand

seven hundred fifty only), due towards the loan of

petitioner, as expeditiously as possible, at any rate, with

four months from the date of receipt of a copy of this

judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.5029 OF 2020(C)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 25.10.2017 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25.10.2017 ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE STATEMENT DATED 4.2.2020.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 1/2020

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 17.12.2019 WP(C) NO.1902/2019.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R7(A) A TRUE COPY OF STATEMENT OF ACCOUNTS IN LOAN NO.EDL 1353 AVAILED BY THE PETITIONER

EXHIBIT R7(B) A TRUE COPY OF ORDER DATED 14.02.2007 IN R.P.NO.119/2007 (A) IN W.A.NO.2060/2006.