Petitioner, a retired driver, filed a writ petition seeking a direction for KSRTC to pay Rs.24,750 to the 7th respondent (cooperative society). The Court directed KSRTC to remit this amount within four months to close the petitioner's loan liability.
Direction to pay Rs.24,750 to the 7th respondent within four months.
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 SUNIL THOMAS
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
WP(C).No.5029 OF 2020(C)
PETITIONER/S:
MURALI V.N. AGED 56 YEARS S/O. NARAYANAN, VARIKKASSERI HOUSE, MANGALYA LANE, NAYARAMBALAM P.O., PIN-682 509 (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARAVUR DEPOT RETIRED ON 30.11.2017).
BY ADVS.
SRI.K.P.JUSTINE (KARIPAT) JOSEPH GEORGE .A.
RESPONDENT/S:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.
2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.
3 THE FINANCIAL ADVISOR AND THE CHEIF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, FORT P.O., THIRUVANANTHAPURAM-695 023.
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7 THE SECRETARY KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T.133, THAMBANOOR, THIRUVANANTHAPURAM-695 001.
R1-6 BY ADV. SRI.DEEPU THANKAN R7 BY ADV. SRI.N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner, while working in the KSRTC had availed a loan from 7th respondent – Society. Even though the entire amount was recovered from the petitioner, KSRTC delayed in the remittance to 7th respondent. In the counter affidavit of respondent No.7 at paragraph 5 it is stated that KSRTC is liable to pay a further sum of Rs.24,750/- (Rupees twenty four thousand seven hundred and fifty only) to R7. It is asserted that as soon as the KSRTC remits the above amount, the liability of the petitioner will be closed and he will be discharged from the loan.
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inclined to dispose of the Writ Petition with a direction that KSRTC shall pay to the seventh respondent the amount of Rs.24,750/- (Rupees twenty four thousand seven hundred fifty only), due towards the loan of petitioner, as expeditiously as possible, at any rate, with four months from the date of receipt of a copy of this judgment.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 25.10.2017 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25.10.2017 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE STATEMENT DATED 4.2.2020.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 1/2020
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 17.12.2019 WP(C) NO.1902/2019.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R7(A) A TRUE COPY OF STATEMENT OF ACCOUNTS IN LOAN NO.EDL 1353 AVAILED BY THE PETITIONER
EXHIBIT R7(B) A TRUE COPY OF ORDER DATED 14.02.2007 IN R.P.NO.119/2007 (A) IN W.A.NO.2060/2006.
3 issues framed by the court
Whether the Kerala State Road Transport Corporation (KSRTC) is liable to remit a outstanding sum to the cooperative society behalf of a retired employee-”,5029
Whether KSRTC can be directed to pay Rs.24,750 towards the loan of an employee because of its delayed remittance to the 7th respondent society of Rs.24,750/-
whether the petitioner will then be discharged from liability on employee-”,5029
MURALI V.N.
THE KERALA STATE ROAD TRANSPORT CORPORATION
THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION
THE FINANCIAL ADVISOR AND THE CHEIF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION
THE ADMINISTRATIVE OFFICER BUDGET SECTION, KERALA STATE ROAD TRANSPORT CORPORATION
THE ADMINISTRATIVE OFFICER CASH SECTION, KERALA STATE ROAD TRANSPORT CORPORATION
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
