Kerala High Court
Shibu K vs The Kerala State Road Transport ... on 17 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 10349 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 10349 OF 2025
PETITIONER:
SHIBU K
AGED 53 YEARS
S/O. R.V.KUMARAN, INSPECTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, THRISSUR DEPOT (RESIDING AT
RAMANCHIRANGARA HOUSE, TEMPLE CANAL ROAD, EAST
KADUNGALLUR, U.C.COLLEGE.P.O. )., PIN - 683102
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
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 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, THIRUVANANTHAPURAM -, PIN - 695023
5 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR
DEPOT ., PIN - 680001
WP(C) NO. 10349 OF 2025 2
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6 THE SECRETARY
ALUVA STATE TRANSPORT STAFF CO-OPERATIVE SOCIETY LTD.
NO.E158, MARKET ROAD, ALUVA ., PIN - 683101
AKHIL SURESH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10349 OF 2025 3
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JUDGMENT
The present writ petition has been filed for the following
prayers:
"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 2nd
respondent to remit the recovered loan dues of the petitioner
amounting to Rs.1,32,000/- within a time frame as may be
stipulated by this Hon'ble Court.
iii. Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction to quash Ext.P2 recovery
notice until the KSRTC remit the recovered loan dues to the 6th
respondent.
iv. Dispense with filing of the English Translation of
Vernacular documents.
v) Issue such other writ, order or direction as this
Hon'bleCourt may deem fit and proper to grant in the facts and
circumstances of this case."
2. The issue involved in this Writ Petition is covered by
the judgment of this Court dated 23.01.2025 passed in W.P.(C)
No.31214/2023 and connected cases. Paragraphs 3 and 4 of the
said judgment read as under:
"3. The learned Counsel appearing for the respondent
Corporation submits that due to the financial constraints
faced by the KSRTC, the amount deducted from the salaries
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of the petitioners towards payment of the regular EMls of
the loans advanced by the different Co-operative Societies
was not credited to the respective Societies and it was
utilized by the KSRTC. He also does not dispute the liability
of the KSRTC for payment of the EMls in respect of the loans
advanced to the petitioners for which the KSRTC has
deducted EMls from the monthly salary of the petitioners.
The learned Counsel for the respondent Corporation further
submits that the KSRTC is in dialogue with the Societies to
settle their dues and the petitioners are not liable for higher
interest rate/penal interest for the defaults committed by
the KSRTC. If any liability is fastened on the petitioners
because of the higher rate of interest/penal interest as the
KSRTC did not remit the amount to the respective Societies
after deducting the same from the salaries of the
petitioners, the KSRTC will indemnify the petitioners and
the KSRTC will bear the burden for such higher rate of
interest/penal interest.
4. Considering the aforesaid stand of the KSRTC, these
writ petitions are hereby disposed of with direction to the
KSRTC to settle the dues of the respective Co-operative
Societies in respect of the loans advanced to the petitioners
for which the KSRTC has deducted the EMls from the
monthly salary of the petitioners. Any liability as a result of
higher rate of interest/penal interest because of
nonpayment of regular EMls shall be borne by the KSRTC
alone."
3. In view of the aforesaid judgment of this Court, the
liability to pay the dues of the respective Co-operative Societies
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in respect of the loans advanced to the petitioner and other
employees of the KSRTC as the KSRTC has deducted the amount
of EMIs from the monthly salary of the employees and has utilised
the said amount instead of paying to the Societies. The petitioner
cannot be taxed twice, and therefore, the present writ petition is
disposed of with direction to the KSRTC to pay the outstanding
amount in respect of the loan advanced to the petitioner to the
4th respondent along with the interest, if any, accrued. If the
respondent Corporation is unable to pay the amount deducted
from the salary of the petitioner to the 4th respondent along with
interest, the 4th respondent is at liberty to proceed against the
respondent Transport Corporation in view of the judgment passed
by this Court in W.P.(C) No.31214/2023 and other connected
cases. However, as the petitioner and the other employees are
protected by the said judgment, the Society should not proceed
against the petitioner and shall be at liberty to proceed only
against the Corporation.
Sd/-D. K. SINGH
JUDGE
lsn
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APPENDIX OF WP(C) 10349/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE
PETITIONER
Exhibit P2 TRUE COPY OF THE RECOVERY STATEMENT NO.
BDI/101/24/DTO TSR DATED 24.2.2025 ISSUED
BY THE 5TH RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.01.2025
IN W.P.(C ) NO.5397/2024 OF THIS HON'BLE
COURT
Exhibit P4 TRUE COPY OF THE LETTER NO. R/60/24-25
DATED 5.2.2025 SENT BY THE 6TH RESPONDENT
TO THE 5TH RESPOONDENT ALONG WITH ITS
ENGLISH TRANSLATION
