Majeed P.J. v. the Managing Director , Kerala State Road Transport Corporation

Kerala HC21 Nov 2018WP(C)/21361/2018

Case brief

AI extract

What is this about?

Petitioner driver filed writ petition mandating KSRTC to remit recovered loan dues to paying agent. Court had directed remittance earlier. Petitioner confirmed amount was remitted and interest waived. Petition closed.

What did the court decide?

Writ petition closed; no further orders passed as petitioners confirmed compliance with earlier interim order.

Majeed P.J. Vs the Managing Director , Kerala… — Pension and Retirement Benefits | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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WP(C).No. 21361 of 2018

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PETITIONER:

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MAJEED P.J., AGED 54 YEARS, S/O. JOSEPH, POOKKOMBIL HOUSE, PERUMBAVOOR.P.O., ERNAKULAM-683542,(DRIVER, KERALA URBAN ROAD TRANSPORT CORPORATION,THEVARA,ERNAKULAM).

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BY ADV. SRI.K.P.JUSTINE (KARIPAT)

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RESPONDENTS:

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1 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.

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2 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695023.

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3 THE ADMINISTRATIVE OFFICER, BUDGET SECTION, CHIEF OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695023.

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4 THE ADMINISTRATIVE OFFICER, CASH SECTION, CHIEF OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695023.

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5 THE SPECIAL OFFICER, KERALA URBAN ROAD TRANSPORT CORPORATION, THEVARA DEPOT-682013.

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6 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM-682011.

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7 THE KERALA STATE FINANCIAL ENTERPRISES LTD. (KSFE), REPRESENTED BY ITS MANAGING DIRECTOR, PERUMBAVOOR-683542.

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WPC 21361 OF 2018

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8 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD. (KSFE), PERUMBAVOOR-683542.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR KSRTC SRI T.P.SAJAN, SC, KSRTC SRI.MANU RAMACHANDRAN, SC, KSFE LTD. SMT.PARVATHY KOTTOL SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH SRI.K.A.SALIL NARAYANAN, SC FOR KSFE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 21361 OF 2018

JUDGMENT

The petitioner, who is a driver in KSRTC, presently working in Kerala Urban Road Transport Corporation at Thevara depot has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 6 to remit the recovered loan dues as per Ext.P3 and remit it with the 8^th respondent, within a time frame as stipulated by this Court. The petitioner has also sought for other consequential benefits.

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On 28.06.2018, when this writ petition came for admission, the learned Standing Counsel for the 7^th respondent KSFE submitted that payment in respect of fifteen monthly instalments due from the petitioner, for the period from 20.10.2016 to 20.12.2017, in respect of the loan availed by him for a sum of Rs.1,50,000/-, is yet to be remitted by KSRTC after deduction from his salary. The learned Standing Counsel for KSRTC sought time to get instructions and the matter was accordingly adjourned.

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On 21.08.2018, the learned Standing Counsel for KSRTC sought further time to file statement. On that day, after considering the submissions made by the learned counsel for the petitioner and also the learned Standing Counsel for KSRTC, this Court granted an interim order directing respondents 1 to 6 to take necessary steps

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to remit the actual amount recovered from the salary of the

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WPC 21361 OF 2018 4

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petitioner, which is stated to be Rs.71,808/- in paragraph 2 of the writ petition, with the 8^th respondent within two weeks from that date.

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On 30.10.2018, when this writ petition came up for further consideration, the learned Standing Counsel for KSRTC submitted that in terms of the order of this Court dated 21.08.2018, the entire amount shall be remitted with the 8^th respondent on or before 03.11.2018.

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Today, when the case is taken up for consideration, the learned counsel for the petitioner would submit that, in terms of the order of this Court dated 21.08.2018, KSRTC has already remitted the amount recovered from the salary of the petitioner. The learned Counsel would also submit that the 8^th respondent has also waived the penal interest.

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In such circumstances, the learned counsel for the petitioner would submit that no further orders are necessary in this writ petition and the same can be closed.

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Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is closed.

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Sd/-

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ANIL K. NARENDRAN JUDGE

WPC 21361 OF 2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXT.P1.	TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
EXT.P2.	TRUE COPY OF THE STATEMENT ISSUED BY THE 8TH RESPONDENT.
EXT.P3.	TRUE COPY OF THE RECOVERY STATEMENT ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR DATED 3-5- 2018.

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RESPONDENTS'EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Majeed P.J. v. the Managing Director , Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Majeed P.J. v. the Managing Director , Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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