Allowed

M.V. Antony v. K.S.R.T.C.

Kerala HC11 Jun 2009WP(C)/3586/2008

Case brief

AI extract

What is this about?

The Court allowed the petitioner to receive Rs.12,670/- plus interest as a refund of amounts wrongly recovered for interest accrued due to the KSRTC's failure to pay the co-operative society. It directed the KSRTC to clear pending dues to both the petitioner and the society.

What did the court decide?

Directed the respondent to pay the petitioner Rs.12,670/- plus interest at 6% per annum from 1.2.2008 and to pay any outstanding dues to the co-operative society.

M.V. Antony Vs K.S.R.T.C. — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931

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WP(C).No. 3586 of 2008(B) ------------------------------------

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PETITIONER(S):

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----------------------

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M.V. ANTONY, S/O. M.P.VARGHESE, CHARGEMAN (RETD.), K.S.R.T.C., KOZHIKODE, MALEDATHU (HARITHA), BHARATHAN BAZAR, CHELAVOOR P.O., KOZHIKODE.

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BY ADV. MR.P.P.SOMAN NAIR

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RESPONDENT(S):

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------------------------

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1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23.

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2. FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23.

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3. ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23.

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4. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE.

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5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD.NO.T-133, THAMPANOOR, THIRUVANANTHAPURAM.

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R1 TO R4 BY ADV. MR.JOHNSON P.JOHN, SC, KSRTC R5 BY ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3586/2008-B

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE PAGE 1 OF PENSION PAYMENT ORDER NO.27470 OF THE PETITIONER.

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EXT.P2: COPY OF THE CERTIFICATE DATED 28/05/2007 ISSUED BY THE 4TH RESPONDENT.

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EXT.P3: COPY OF THE PAGE 17 OF THE PENSION PAYMENT ORDER OF THE PETITIONER.

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EXT.P4: COPY OF THE JUDGMENT DATED 30/08/2006 IN WP(C) NO. 21548/2006 OF THIS HONOURABLE COURT.

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RESPONDENT'S EXHIBITS:

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EXT.R5(A): COPY OF THE STATEMENT OF RECOVERY POSITION OF THE WRIT PETITIONER IN WP(C) NO. 3586/2008.

//TRUE COPY//

P.A. TO JUDGE

rs.

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P(C).No.3586 OF 2008

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Dated this the 11^th day of June, 2009

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JUDGMENT

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The petitioner availed a loan from the 5^th respondent. Ext.P2 evidences the recovery of those amounts. However, on account of the failure of KSRTC to pay the recovered amounts to the creditor society, interest accrued and an amount of Rs.12,670/- was recovered from the D.C.R.G. of the petitioner. Following the decision of the Division Bench of this Court in W.A.No.2060/06, the petitioner is entitled to refund of that amount since the interest payable on delayed payments has to be suffered by the KSRTC. Hence, it is directed that the petitioner will be paid by the KSRTC an amount of Rs.12,670/- plus interest thereon at 6% per annum from 1.2.2008 till payment and there shall be no further recovery from the petitioner while amounts due to the 5^th respondent, if any, on account of recoveries made from the petitioner will be paid off by the KSRTC to the 5^th respondent on settling accounts with it within a period of one month form now. The amounts due to the petitioner in terms of

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WPC.3586/08

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Page numbers

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this judgment shall also be released within a period of 45 days from today without fail. The writ petition is ordered

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accordingly.

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Sd/-

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THOTTATHIL B.RADHAKRISHNAN, Judge.

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kkb.12/6.

M.V. Antony v. K.S.R.T.C.

Case brief

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M.V. Antony v. K.S.R.T.C.

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