A writ petition seeking a mandate for KSRTC to remit salary deductions to specific creditors. The court recorded that amounts were remitted and interest agreed to be paid by KSRTC, leading to the closure of the petition by the petitioner.
None. The matter was closed as the petitioner accepted that reliefs were already granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018/30TH KARTHIKA, 1940
WP(C).No. 29731 of 2018
PETITIONER:
SREENIVASAN.J AGED 52 YEARS
S/O JANARDHANAN, VALIYAPRAMBIL VEEDU, PUZHAVATHU P.O. CHANGANACHERY- 686101 (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR DEPOT)
BY ADV. JUSTINE.K.P
RESPONDENTS:
1 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023
W.P.(C)No.29731 of 2018
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7 THE SECRETARY, KERALA STATE ROAD TRANSPORT CORPORATION, EMPLOYEES CO-OPERATIVE SOCIETY NO.K.141, KOTTAYAM-686001.
8 THE SECRETARY, KERALA STATE ROAD TRANSPORT CORPORATION, WORKERS CO-OPERATIVE SOCIETY LTD NO.T.133, THIRUVANANTHAPURAM-695001.
9 THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD, CHENGANNUR BRANCH, CHANGANNUR-689121.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.N.UNNIKRISHNAN SMT.PARVATHY KOTTOL SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH
SRI M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The petitioner, who is working as Inspector in
Chengannur Depot of Kerala State Road Transport Corporation, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 to remit the amount recovered from his salary towards the amounts due to respondents 6 to 9 within a time frame as may be stipulated by this Court. The petitioner has also sought for other consequential reliefs, including a declaration that KSRTC is liable for penal interest arising out of the loan dues of the petitioner with the said creditors. The petitioner has also sought for a writ of mandamus commanding the 7th respondent to refund the excess recovered amount to the petitioner with interest within a time frame to be stipulated by this Court.
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up for admission, the learned Standing Counsel for KSRTC sought time to get instructions.
up for further consideration, the learned Standing
Counsel for KSRTC took notice on admission for respondents 1 to 5 and the respective counsel entered appearance for respondents 7 to 9. This
Court issued urgent notice on admission by speed post to 6th respondent returnable within three
weeks. This Court has recorded the submission made
by the learned Standing Counsel for KSRTC that recovery already effected from the salary of the petitioner towards his liability to respondents 6
to 9 are to the tune of 16,300/-, 54,000/-, 1,10,000/- and 70,000/- respectively, and that
KSRTC shall remit the amount payable to the 6th
respondent within three weeks from this date and
that payable to respondents 7 to 9 within one month
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from this date, together with eligible interest/ penal interest.
up for consideration, the submissions made by the
learned Standing Counsel for KSRTC that in terms of the order of this Court dated 28.9.2018, the amount recovered from the salary of the petitioner, towards his liability to respondents 6 to 9, have already been remitted with the said respondent, was recorded.
interim order of this Court dated 28.9.2018, the
respondent Corporation has already remitted the
amount recovered from the petitioner's salary and
as such no further orders are necessary in this writ petition.
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In such circumstances, recording the above
submission made by the learned counsel for the petitioner, this writ petition is closed.
Sd/-
ANIL K.NARENDRAN JUDGE
ami/21.11.18
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 3/9/2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE 3/9/2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE 3/9/2018 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE 3/9/2018 ISSUED BY THE 5TH RESPONDENT.
RESPONDENTS' EXTS.:-
EXT.R8(A) TRUE COPY OF LOAN APPLICATION NO.BAL 54685 FOR Rs.2,90,000/- DATED 2.6.2014. EXT.R8(B) TRUE COPY OF SURETY BOND DATED 9.6.2014.
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EXT.R8(C) TRUE COPY OF CONSENT LETTER OF THE PETITIONER DATED 9.6.2014 EXT.R8(D) TRUE COPY OF CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO-OPERATIVE DATED 12.5.2014 OF THE PETITIONER EXT.R8(E) TRUE COPY OF STATEMENT OF ACCOUNTS OF LOAN NO.BAL 54685 EXT.R8(F) TRUE COPY OF STATEMENT OF ACCOUNTS OF LOAN NO.EGL 74006. //TRUE COPY// ami/ P.A.TO JUDGE
2 issues framed by the court
Whether the respondent Corporation must remit salary-deducted amounts to creditors outside the Corporation.
Whether the petitioner is entitled to a declaration regarding penal interest liability.
1 provisions across 1 enactments
SREENIVASAN.J
THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION
THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION
THE ADMINISTRATIVE OFFICER BUDGET SECTION CHIEF OFFICE KERALA STATE ROAD TRANSPORT CORPORATION
THE ADMINISTRATIVE OFFICER CASH SECTION CHIEF OFFICE KERALA STATE ROAD TRANSPORT CORPORATION
THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
