Disposed

Rajeev.M.K. v. the Kerala State Road Transport Corporation

Kerala HC3 Jul 2019WP(C)/14133/2019

Case brief

AI extract

What is this about?

A conductor challenged KSRTC's failure to remit a portion of his salary recovered as a loan installment to the workers' cooperative society. The court ordered remittance in two monthly installments. The request for penal interest was not adjudicated.

What did the court decide?

Directed the 2nd respondent to remit Rs. 51,600 to the 6th respondent Society in two equal monthly installments payable on or before 30.07.2019 and 30.08.2019.

Rajeev.M.K. Vs the Kerala State Road… — Pension and Retirement Benefits | Kerala HC (2019)

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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 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941

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WP(C).No.14133 of 2019

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PETITIONER :

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RAJEEV.M.K.AGED 45 YEARS, S/O. M.R.KOCHU, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANASSERY DEPOT (RESIDING AT MATTATHIL HOUSE, KOTTAMURI P.O., CHANGANASSERY-686 105)

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

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RESPONDENTS:

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1 THE KERALA STATE ROAD TRANSPORT CORPORATION EP.BY ITS MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM – 695 023.

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2 THE MANAGING DIRECTOR,KSRTC, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM – 695 023

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3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695 023

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4 THE ADMINISTRATIVE OFFICER, CASH SECTION, CHIEF OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695 023

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5 THE ASSISTANT TRANSPORT OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANASSERY DEPOT-686 101

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6 THE KERALA STATE TRANSPORT WORKERS CO-OEPRATIVE SOCIETY LTD.NO.T.133,REP.BY ITS SECRETARY, THAMPANOOR,THIRUVANANTHAPURAM-695 001

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7 THE SECRETARY,KERALA STATE TRANSPORT WORKERS COOPERATIVE SOCIETY LTD.NO.T.133, THAMPANOOR, THIRUVANANTHAPURAM-695 001

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BY ADV. SRI.N.UNNIKRISHNAN BY SRI.T.P.SAJAN, SC, KSRTC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14133 of 2019

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JUDGMENT

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The petitioner is working as Conductor in Changanassery Depot of the Kerala State Road Transport Corporation. He availed a loan from the 6^th respondent Society on 05.01.2017, vide Loan account No.57327 for an amount of Rs.5,00,000/-. As on 27.04.2019, KSRTC recovered an amount of Rs.71,800/- from the salary of the petitioner towards the dues in the aforesaid loan account. The grievance of the petitioner is that the recovered amount has not so far been remitted with the 6^th respondent Society, even after repeated requests. Therefore, the petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 5 to remit the recovered loan dues, as evidenced by Ext.P2 statement to the 6^th respondent Society, within a time frame to be stipulated by this Court. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 5 to remit

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WP(C).No.14133 of 2019

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the recovered loan dues to the concerned creditors without diverting the funds, within the time limit specified under the provisions of the Kerala Cooperative Societies Act, 1969; a declaration that respondents 1 to 5 are liable for the penal interest for belated remittance of the loan dues to the 6^th respondent Society.

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On 22.05.2019, when this writ petition came up for admission, the learned Standing Counsel for KSRTC sought time to get instructions.

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On 20.06.2019, when this writ petition came up

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for consideration, a counter affidavit has been filed on behalf of respondents 6 and 7, wherein it has been stated that the amount retained by KSRTC, after effecting recovery from the salary of the petitioner, towards his dues in the loan account in question, comes to Rs.51,600/-. The learned Standing Counsel for KSRTC sought time to file statement. Accordingly, the matter was adjourned.

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WP(C).No.14133 of 2019

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Heard the learned counsel for the petitioner, the learned Standing Counsel for KSRTC, representing respondents 1 to 5, and also the learned counsel for respondents 6 and 7.

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The learned Standing Counsel for KSRTC would submit that the 3^rd respondent Financial Advisor & Chief Accounts Officer requires some more time to pay the amount already recovered from the salary of the petitioner, amounting to Rs.51,600/-, to the 6^th respondent Society and that, the said amount may be permitted to be remitted in instalments. The learned counsel for the petitioner would submit that the 3^rd respondent may be directed to remit the said amount within a reasonable time.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 2^nd respondent to remit Rs.51,600/-, already recovered from the salary of the petitioner, with the 6^th respondent Society, in two equal

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WP(C).No.14133 of 2019

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monthly instalments payable on or before 30.07.2019

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and 30.08.2019 respectively.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/4/7

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WP(C).No.14133 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT ISSUED BY THE 5TH RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R6(A) A TRUE COPY OF STATEMENT AGAINST LOAN NO. BAL.54687.

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EXHIBIT R6(B) A TRUE COPY OF STATEMENT OF ACCOUNT OF LOAN NO.BAL.57327

Rajeev.M.K. v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Rajeev.M.K. v. the Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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