[Cites 1, Cited by 0]
Kerala High Court
Lokesh P S vs The Kerala State Road Transport ... on 1 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:93050
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 29539 OF 2025
PETITIONER:
LOKESH P S
AGED 50 YEARS, S/O. SADANANDAN.P.,
DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM DEPOT, (RESIDING AT DAIVAPARAMBIL
HOUSE, SAFDAR HASHMI LANE, PACHALAM.P.O.,
KOCHI)., PIN - 682012.
BY ADVS.
SRI.K.P.JUSTINE (KARIPAT)
SRI.A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM, PIN - 695203.
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695023.
W.P.(C)No.29539 of 2025
:2:
2025:KER:93050
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695023.
4 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS
OFFICER, KERALA STATE ROAD TRANSPORT
CORPORATION,TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695023.
5 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM DEPOT, PIN - 682011.
6 THE SECRETARY
KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE
SOCIETY LTD. NO.T.133, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001.
7 THE SECRETARY,
KSRTC KAYAMKULAM DISTRICT EMPLOYEES CO-
OPERATIVE SOCIETY LTD. A271, KSRTC DEPOT,
KAYAMKULAM, ALAPPUZHA, PIN - 690502.
BY ADVS.
SRI.AKHIL SURESH, STANDING COUNSEL
SRI.N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.29539 of 2025
:3:
2025:KER:93050
JUDGMENT
Dated this the 1st day of December, 2025
The petitioner, who is employed as a Driver in the
Kerala State Road Transport Corporation (KSRTC), has
filed this writ petition seeking the following reliefs:-
i) Call for the records leading to the case.
ii) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the 2 nd and 5th
respondents to remit the recovered loan dues from the
petitioner's salary to the concerned creditors within a time
frame as may be stipulated by this Hon'ble Court.
iii) issue a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the 2 nd and 5th
respondents to stop further recovery on account of the loan
dues with the 6th and 7th respondent societies until the
recovered loan dues are remitted to them.
iv) Declare that the petitioner is not liable for the interest for
the delayed remittance of recovered loan dues to the
society.
2. I have heard the learned Counsel for the
petitioner and the respective Standing Counsel representing
the respondents.
2025:KER:93050
3. The first relief sought for by the petitioner
is to direct the Managing Director and the KSRTC to remit
the recovered loan dues from the petitioner's salary to the
concerned creditors within a time frame. KSRTC is running
at a loss and is finding it difficult to pay the current salary to
the serving employees. When the situation being so, it
would not be appropriate for this Court to pass any orders
under Article 226 of the Constitution of India. If the petitioner
has any monetary demand from the KSRTC, the petitioner
has to take recourse to appropriate proceedings.
4. The second relief is to direct respondents
2 and 5 to stop further recovery on account of the loan dues
with respondents 6 and 7 until the recovered loan dues is
remitted to them. It is evident that the petitioner had given
an undertaking to recover the monthly instalments from
his salary for paying creditors and there is a
tripartite understanding. Therefore, the said relief also
2025:KER:93050
cannot be granted.
5. Further relief sought for by the petitioner is
to declare that he is not liable for the interest for the delayed
remittance of recovered loan dues to the Society. Such a
declaration cannot be granted by this Court under Article
226 of the Constitution of India.
The writ petition is devoid of any merit and it is
hence dismissed leaving liberty to the petitioner to invoke
other remedies available to him.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:93050
APPENDIX OF WP(C) NO. 29539 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED TO
THE PETITIONER ISSUED BY RESPONDENT
CORPORATION
Exhibit P2 TRUE COPY OF THE RECOVERY CERTIFICATE
DATED 26.06.2025 ISSUED BY THE 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF THE LOAN LEDGER DATED
03.04.2025 ISSUED BY THE 6TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE RECOVERY CERTIFICATE
DATED 26.06.2025 ISSUED BY THE 5TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE LOAN LEDGER ISSUED
BY THE 7TH RESPONDENT SOCIETY
Exhibit P6 TRUE COPY OF JUDGMENT DATED 23.1.2025
IN W.P.(C) NO. 5397/2024, ETC. OF
THIS HONOURABLE COURT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
17.3.2025 IN W.P.(C) NO. 10349/2025
OF THIS HONOURABLE COURT
RESPONDENT EXHIBITS
EXHIBIT-R6 (A) A TRUE COPY OF CERTIFICATE OF SALARY
LIABILITY AND MEMBERSHIP IN CO-
OPERATIVE FOR LOAN DATED 28.08.2014
SUBMITTED BY THE PETITIONER
EXHIBIT-R6 (B) A TRUE COPY OF CONSENT LETTER DATED
20.10.2014 SUBMITTED BY THE
PETITIONER
EXHIBIT-R6 (C) A TRUE COPY OF SURETY BOND DATED
04.08.2012 EXECUTED BY THE PETITIONER
AND SURETIES
EXHIBIT-R6 (D) A TRUE COPY OF LETTER DATED
06.12.2019 ISSUED BY THE ASSISTANT
2025:KER:93050
TRANSPORT OFFICER, K.S.R.T.C.,
HARIPAD
EXHIBIT-R6 (E) A TRUE COPY OF REQUISITION LETTER
NO.55101/14-15 DATED 24.02.2015
ISSUED TO THE DISTRICT TRANSPORT
OFFICER, KSRTC, HARIPPAD
EXHIBIT-R6 (F) A TRUE COPY OF LETTER NO. 55101/14-15
DATED 24.02.2015 ISSUED TO THE
PETITIONER
EXHIBIT-R6 (G) A TRUE COPY OF AWARD IN A.R.C. NO.
1262/2018 DATED 06.07.2018
EXHIBIT-R6 (H) A TRUE COPY OF DEPOSITION STATEMENT
DATED 27.06.2018 IN A.R.C.
NO.1262/2018 GIVEN BY THE PETITIONER
EXHIBIT-R6 (I) A TRUE COPY OF ORDER NO. E.A 849/22
IN A.R.C. NO.1262/2018 DATED
02.08.2023
EXHIBIT-R6 (J) A TRUE COPY OF STATEMENT OF ACCOUNTS
IN LOAN NO. 55101 AVAILED BY THE
PETITIONER
