Anilkumar. S vs The Kerala State Road Transport ...
2021 Latest Caselaw 14849 Ker

W.P(C).7657/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                            WP(C) NO. 7657 OF 2021
PETITIONER/S:

             ANILKUMAR. S, AGED 51 YEARS
             DRIVER GRADE - I, THE KERALA STATE ROAD TRANSPORT
             CORPORATION, KOLLAM DEPOT, KOLLAM DISTRICT, RESIDING AT
             ANUPAM, T.K.M.C KOLLAM.

             BY ADV O.D.SIVADAS


RESPONDENT/S:

      1      THE KERALA STATE ROAD TRANSPORT CORPORATION,
             TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN - 695001,
             REPRESENTED BY ITS MANAGING DIRECTOR.

      2      THE CHAIRMAN AND MANAGING DIRECTOR
             THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
             BHAVAN, THIRUVANANTHAPURAM, PIN - 695001.

      3      THE DISTRICT TRANSPORT OFFICER
             KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM.691001

      4      THE QUILON DISTRICT STATE TRANSPORT EMPLOYEES CO-
             OPERATIVE SOCIETY LTD Q.76, KOLLAM. 691001
             REPRESENTED BY ITS SECRETARY.

             BY ADV N.SASIDHARAN UNNITHAN


OTHER PRESENT:

              SC,SRI.T.P SAJAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).7657/2021
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                                JUDGMENT

Petitioner is employed as a driver of Kerala State Road Transport

Corporation. He had availed a loan from the 4th respondent/Co-operative

bank. Petitioner had permitted recovery from his salary, to pay the loan

due to the society in monthly installments. According to the petitioner,

though the amounts were deducted regularly from his salary, those

amounts were not remitted with 4 th respondent/society and were diverted

by the KSRTC for its own purposes.

2. Learned counsel for the KSRTC replied to a specific question

put by this Court as to whether the entire amount due from the petitioner

as per the original condition has been recovered, it was submitted in the

affirmative. It is also true that, wherever the amounts have been deducted

by the KSRTC, the money was kept by them as a trustee for being remitted

with the 4th respondent. In the light of above if there is belated remittance

by the KSRTC, they are bound to pay the interest on each deducted

amount or each installment deducted from the salary, commencing from

that date of deduction. This amount is liable to be paid to the fourth

respondent. Learned counsel for the KSRTC submitted that, due to

financial stringency, KSRTC finds it difficult to pay the entire amount in

lump and sought remittance in six monthly installments. W.P(C).7657/2021

3. Having considered this, I am inclined to dispose of the Writ

Petition with the following directions:

(i) First respondent/KSRTC shall stop forthwith

deduction from the salary of the petitioner towards the loan

amount due to the 4th respondent.

(ii) The entire amount deducted with interest from

each date of deduction till the date of payment shall be

remitted by the KSRTC in six equal monthly installments with

4th respondent, commencing from 09.08.2021 in accordance

with the decision of the Division Bench of this Court in Writ

Appeal No.2060 of 2006. Issue regarding any other interest,

including penal interest, shall be settled between the KSRTC

and the 4th respondent. Interest portion that the KSRTC is

bound to pay shall not be recovered from the petitioner.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).7657/2021

APPENDIX OF WP(C) 7657/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 21.09.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE INTIMATION DATED 22.09.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE RECOVERY STATEMENT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.