Citation : 2024 Latest Caselaw 31148 Ker
Judgement Date : 1 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 1st day of November 2024 / 10th Karthika, 1946
WP(C) NO. 38515 OF 2023(L)
PETITIONERS:
1. AJIKUMAR N.R, AGED 47 YEARS, S/O RAJENDRAN NAIR, RESIDING AT
SREEKULAM, MELILA P.O, KOTTARAKARA, KOLLAM DISTRICT. (DRIVER, KSRTC,
PUNALUR DEPOT, PIN - 691508
2. KALESHKUMAR K, AGED 46 YEARS, S/O KAMALAN, RESIDING AT HAREESHMA
BHAVAN, OTTAKKAL P.O, KOLLAM DISTRICT (DRIVER, KSRTC, PUNALUR
DEPOT), PIN - 691308
RESPONDENTS:
1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING
DIRECTOR TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM, PIN - 695023
2. FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KSRTC, TRANSPORT
BHAVAN, FORT THIRUVANANTHAPURAM., PIN - 695023
3. ASSISTANT TRANSPORT OFFICER KSRTC, PUNALUR DEPOT PUNALUR, KOLLAM
DISTRICT., PIN - 691322
4. DISTRICT OFFICER, OFFICE OF THE DISTRICT OFFICE KSRTC , KOTTARAKARA
KOLLAM DISTRICT., PIN - 691531
5. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. T133
REPRESENTED BY ITS SECRETARY THAMPANOOR, THIRUVANANTHAPUARM
DISTRICT., PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order staying further recovery from the salary
of the petitioners for the 5th respondent society towards repayment of
their loan, pending disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's judgment
dated 16.10.2024 and upon hearing the arguments of M/S. N.SASIDHARAN
UNNITHAN, Advocate for the petitioners, SRI.DEEPU THANKAN, STANDING
COUNSEL for the respondents 1 to 4 and of SRI.N.UNNIKRISHNAN, STANDING
COUNSEL for the 5th respondent, the court passed the following:
ZIYAD RAHMAN A.A., J.
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W.P.C Nos.3121, 31214 and 38515 of 2023
3273, 5397,22397, 24206, 27204, 28563
29779, 30247, 30249, 30271, 30379, 23513,
and 30866 of 2024
---------------------------
Dated this the 1st day of November, 2024
ORDER
When these writ petitions came up for consideration on
16.10.2024, the KSRTC was directed to file an affidavit
explaining the steps they have taken to settle the amount by
way of negotiation with the societies.
2. Today the learned Standing Counsel for the KSRTC
seeks some more time to file an affidavit.
3. Post on 08.11.2024 for filing the said affidavit, within
the said period the affidavit shall be placed on record.
The main grievance highlighted by the petitioners is that,
even though amounts are being deducted from their salary
every month, even now the said amounts are not being remitted
to the respective societies. In such circumstances, to avoid the
accumulation of interest and the defaults being continuously
occurring with respect to the accounts of the petitioners, there W.P.C Nos.3121, 31214 and 38515 of 2023,
3273, 5397,22397, 24206, 27204, 28563,
29779, 30247, 30249, 30271, 30379, 23513 and
30866 of 2024
shall be a direction to the KSRTC to remit the amounts that are
being recovered from petitioners to the respective societies,
without any default. This order shall be applicable with respect
to the recoveries affected from the salaries of this month
onwards.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk
01-11-2024 /True Copy/ Assistant Registrar
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