Chacko K.V vs Kerala State Road Transport ...
2021 Latest Caselaw 6433 Ker

W.P.(C) No.22711/2020               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                        WP(C).No.22711 OF 2020(L)


PETITIONER:

               CHACKO K.V
               AGED 56 YEARS,
               S/O. VARGHESE, (RTD.DRIVER, KSRTC, MUVATTUPUZHA
               DEPOT), AND RESIDING AT KOZHIPPILLY HOUSE,
               MEKKADEMPU P O, 682316, KADATHY, MUVATTUPUZHA,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.T.P.PRADEEP
               SRI.P.K.SATHEES KUMAR

RESPONDENTS:

       1       KERALA STATE ROAD TRANSPORT CORPORATION
               REPRESENTED BY THE MANAGING DIRECTOR, KSRTC,
               THIRUVANANTHAPURAM - 695023,

       2       THE MANAGING DIRECTOR
               KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF
               OFFICE, TRANSPORT BHAVAN, THIRUVANANTHAPURAM -
               695023,

       3       THE DISTRICT TRANSPORT OFFICER
               KERALA STATE ROAD TRANSPORT CORPORATION,
               MUVATTUPUZHA DEPOT, 686661, ERNAKULAM DISTRICT.

       4       THE SECRETARY
               MUVATTUPUZHA KSRTC EMPLOYEES CO-OPERATIVE SOCIETY,
               3-820, MUVATTUPUHZA P.O, 686661, ERNAKULAM
               DISTRICT.

               R1-3 BY ADV. SRI.DEEPU THANKAN
               R4 BY ADV. SRI.S.PRAJESH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.22711/2020                       2




                                    JUDGMENT

Dated this the 23rd day of February 2021

The petitioner was employed in KSRTC. He had availed personal loan

from the Muvattupuzha KSRTC Employees Co-operative Society. Towards the

amount due, a sum of Rs.2,00,000/- was recovered from the salary of the

petitioner by the KSRTC during the period from 2013 to April 2019. It is alleged

that, KSRTC failed to remit the deducted amount regularly in the society.

Thereafter, the 2nd respondent took up the contention that a sum of Rs.71,203/-

is due from the petitioner.

2. A statement has been filed by the 4 th respondent,which indicates that

balance amount due from the petitioner is Rs.71,203/- including the interest for

the delayed payment. Interest for the delayed payment is Rs.28,421/-. According

to the learned standing counsel for the KSRTC, they have made request to the

financing institution to waive the penal interest. The amount withheld, as

indicated in Ext.P3, is Rs.71,203/-.

3. Learned counsel for the petitioner invited my attention to the judgment

of this Court in W.P.(C) No.1847/2020. A portion of that judgment, which is

extracted at para 4 of the present writ petition , is as follows;

. "The first respondent shall remit the recovered amount retained by them with interest at the same rate at which interest is charged on the petitioner by the respondents 4 and 6. No recovery shall be affected by the respondents in respect of the amounts so recovered from the salary of the petitioner. It is also made clear that the petitioner shall not be liable to pay any penal charges as claimed by the financial institutions or society and that the liability in this regard will be on the 1 st respondent. "

5. The learned counsel for the petitioner contended that, since the money

was recovered from him at the relevant time and the default arose only because

of the latches on the part of the KSRTC in not remitting the amount at

appropriate time, he is not liable to pay the penal interest. It seems to be the

view taken by this court also as evidenced from the extracted portion of the

judgment.

6. Having considered the above facts, I am inclined to direct that, the

KSRTC shall pay the arrears including penal interest, if that is not waived by the

financing institutions. The first respondent shall release the DCRG and other

amount withheld in relation to the present loan transaction, as expeditiously as

possible, at any rate, within a period of two months from the date of receipt of a

copy of this judgment.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

dpk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE CERTIFICATE DATED 08.10.2020 FROM THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE STATEMENT DATED 14.10.2020 FROM THE 4TH RESPONDENT SOCIETY.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 15.10.2020 FROM THE 4TH RESPONDENT SOCIETY TO THE 2ND RESPONDENT.