Vinod.V.V vs The Kerala State Road Transport ...
2023 Latest Caselaw 7097 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 18736 OF 2023
PETITIONER/S:

           VINOD.V.V.,
           AGED 34 YEARS
           S/O.VENUGOPAL, CONDUCTOR GR.1, KERALA STATE ROAD
           TRANSPORT CORPORATION, CHANGANASSERY DEPOT (RESIDING AT
           VALEPPARAMBIL, PARIYARAM.P.O., VAKATHANAM, KOTTAYAM,
           PIN - 686021
           BY ADVS.
           K.P.JUSTINE (KARIPAT)
           A.JOSEPH GEORGE (AZHIKKAKATH)


RESPONDENT/S:

    1      THE KERALA STATE ROAD TRANSPORT CORPORATION
           REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST
           FORT, THIRUVANANTHAPURAM, PIN - 695023
    2      THE MANAGING DIRECTOR
           KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
           BHAVAN, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023
    3      THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
           KERALA STATE ROAD TRANSPORT CORPORATION,
           THIRUVANANTHAPURAM-, PIN - 695023
    4      THE ADMINISTRATIVE OFFICER,
           BUDGET SECTION, CHIEF OFFICE, KERALA STATE ROAD
           TRANSPORT CORPORATION, THIRUVANANTHAPURAM, PIN - 695023
    5      THE ADMINISTRATIVE OFFICER,
           CASH SECTION, CHIEF OFFICE, KERALA STATE ROAD TRANSPORT
           CORPORATION, THIRUVANANTHAPURAM, PIN - 695023
    6      THE ASSISTANT TRANSPORT OFFICER
           KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANASSERY
           DEPOT, PIN - 686101
    7      THE SECRETARY
           KERALA STATE ROAD TRANSPORT CORPORATION
           WORKERS CO-OPERATIVE SOCIETY LTD. NO.T.133,
           THIRUVANANTHAPURAM - 1., PIN - 695001



           SRI. DEEPU THANKAN (SC)
 WPC No.18736 of 2023

                                          2

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.06.2023,       THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC No.18736 of 2023

                                      3

                              JUDGMENT

The petitioner has approached this Court seeking a

refund of the amount deducted from the salary of the petitioner

towards the repayment of a loan available by the petitioner from

the 7th respondent society. According to the petitioner, the

amount deducted from the salary of the petitioner (Rs.2,23,100/-

Rupees Two lakh Twenty Three Thousand One Hundred only)

was never paid to the society and was illegally retained by the

KSRTC. According to the petitioner, the petitioner has now

settled the loan with the 7 th respondent, as is evident from Ext.P3

and therefore, the first respondent is bound to refund the said

amount of Rs.2,23,100/- (Rupees Two lakh Twenty Three

Thousand One Hundred only) to the petitioner forthwith. It is

submitted that the amount is urgently required by the petitioner

to meet treatment expenses of his mother. The learned counsel

for the petitioner also submits that the penal interest charged by

the 7th respondent society for delayed payment is also to be paid

to the petitioner by the KSRTC.

2. The learned Standing Counsel appearing for the

respondent Corporation would submit that considering the WPC No.18736 of 2023

urgent need projected by the petitioner, the amount of

Rs.2,23,100/- (Rupees Two lakh Twenty Three Thousand One

Hundred only) can be refunded to the petitioner within a period

of one month, on the petitioner making an application for the

same. It is submitted that the Corporation is in discussion with

the 7th respondent regarding waiver of any penal interest etc.

charged on loans availed by employees of the corporation and on

account of delayed remittance by the corporation. It is submitted

that the question of whether the corporation is bound to

reimburse the penal interest charged by the 7 th respondent, to

the petitioner, may be left open for adjudication.

Having heard the learned counsel for the petitioner

and the learned Standing Counsel for the Kerala State Road

Transport Corporation, this writ petition will stand disposed of

directing the first respondent to refund an amount of

Rs.2,23,100/-(Rupees Two lakh Twenty Three Thousand One

Hundred only) to the petitioner within a period of one month

from the date on which the petitioner makes an application for

the same. The question as to whether the petitioner is entitled to

payment of the penal charges on account of non-payment of the

amounts deducted from the salary of the petitioner to the 7 th WPC No.18736 of 2023

respondent is left open for adjudication, taking into consideration

the submission of the learned Standing Counsel that the

Corporation is in discussion with the 7 th respondent to waive all

such penal interest charges.

This writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.18736 of 2023

APPENDIX OF WP(C) 18736/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE STATEMENT DATED 8.10.2021 ISSUED BY THE 6TH RESPONDENT Exhibit P3 TRUE4 COPY OF THE LETTER NO. KST/22-23 DATED 1.3.2023 ISSUED BY THE 7TH RESPONDENT Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 1.5.2023