Allowed

T.a.Poulose v. Kerala State Road Transport Corporation

Kerala HC24 Aug 2022WP(C)/6350/2022

Case brief

AI extract

What is this about?

The court allowed the connected writ petitions by holding that petitioners must be granted the same benefits as in WP(C)No.20251/2020. Directions were issued for KSRTC to furnish account statements, calculate interest on delayed remittances, and return any excess withheld amounts.

What did the court decide?

Allowed Writ Petitions directing KSRTC to furnish account statements, direct Society to provide remittance statements, seek interest for delayed remittances, and return any excess withheld.

T.a.Poulose Vs Kerala State Road Transport… — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
WP(C) NO. 20779 OF 2022

¶5

PETITIONER:

¶6

SUSEELAN V G, AGED 49 YEARS, S/O. GOPALAN,
VATHIATH HOUSE, MANAKODY P.O, THRISSUR DISTRICT,
PIN-680012, (DRIVER, KERALA STATE ROAD TRANSPORT
CORPORATION, THRISSUR DEPOT)

¶7

BY ADV C.V.MILTON

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM-695023.

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2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM – 695023.

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3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR – 680021

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4 THE KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. N.T133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM – 695001.

¶13

BY ADVS

¶14

SRI.N.UNNIKRISHNAN
SRI.DEEPU THANKAN - SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.08.2022, ALONG WITH WP(C).25115/2022, 25264/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WPC 20779/22 & connected

¶17

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
WP(C) NO. 25115 OF 2022

¶21

PETITIONER:

¶22

DEVADAS P, AGED 53 YEARS, S/O PURUSHOTHAMAN,
EATTUMMAL HOUSE, EZHIKKARA P O, MECHANIC SEL.GR,
NORTH PARAVUR, KSRTC,PERMANAENT EMPLOYEE NO
G19417, PIN 683513, ERNAKULAM DISTRICT,
PIN – 683513

¶23

BY ADVS.
ANOOP KRISHNA
V.A.PRADEEP KUMAR

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RESPONDENTS:

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1 THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, EAST FORT,PAZHAVANGADI, PIN 695023, REP BY ITS MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM, PIN – 695023

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2 THE ASSISTANT TRANSPORT OFFICER, KSRTC, OFFICE OF THE KERALA STATE TRANSPORT CORPORATION, P O. NORTH PARAVUR, ERNAKULAM DISTRICT, PIN – 683513

¶27

BY ADV SRI.JOHN MATHEW – SC
SRI.DEEPU THANKAN - SC

¶28

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.08.2022, ALONG WITH WP(C).20779/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶29

WPC 20779/22 & connected

¶30

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 25264 OF 2022

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PETITIONERS:

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1 VINOD KUMAR V.P., VINOD BHAVAN, ULLANNOOR P.O, KULANADA, PATHANAMTHITTA DISTRICT - 6895 03 (MECHANIC, KSRTC, PATHANMTHITTA DEPOT)

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2 PRAKASH KUMAR G., SREEBHAVANAM, ENATH P.O, PATHANAMTHITTA DISTRICT - 691 526 (MECHANIC, KSRTC, VELLARADA DEPOT)

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BY ADV N.SASIDHARAN UNNITHAN

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023

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2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023

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3 DISTRICT TRANSPORT OFFICER, KSRTC, PATHANAMTHITTA DEPOT PATHANAMTHITTA DISTRICT - 689 502

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4 KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. T 133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM-695 001

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5 ANIL KUMAR.K.S., ANANDU BHAVAN, CHANNEERKARA P.O., PATHANAMTHITTA DISTRICT-689503, (MECHANIC, KSRTC, PATHANAMTHITTA DEPOT)

¶44

BY ADV N.UNNIKRISHNAN
SRI.DEEPU THANKAN - SC

¶45

WPC 20779/22 & connected

¶46

¶47

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.08.2022, ALONG WITH WP(C).20779/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶48

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶49

PRESENT

¶50

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 6350 OF 2022

¶51

PETITIONER:

¶52

T.A.POULOSE, AGED 59 YEARS, S/O. ANTHONY,
THATTARA HOUSE, THRIKKUR, THRIKKUR P.O.,
THRISSUR DISTRICT, PIN-680306, (DRIVER-
KERALA STATE ROAD TRANSPORT CORPORATION,
KATTAPANA DEPOT, RETIRED ON 31.7.2018).

¶53

BY ADV C.V.MILTON

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695023.

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2 THE DEPUTY CHIEF ACCOUNTS OFFICER (P & A), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695023.

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3 THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680021.

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4 THE SECRETARY, KSRTC EMPLOYEES CO-OPERATIVE SOCIETY, NO.R.698, KSRTC BUS STATION BUILDING, THRISSUR-680021.

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BY

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ADV ALEX ANTONY SEBASTIAN P.A.
SRI DEEPU THANKAN-SC

¶61

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.08.2022, ALONG WITH WP(C).20779/2022 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

¶62

WPC 20779/22 & connected

¶63

¶64

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶65

PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 14200 OF 2020

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PETITIONERS:

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1 SANTHOSH KUMAR.S, CHARUVILA PUTHEN VEEDU, ERATHAVOOR, RUSSALPURAM P.O.THIRUVANANTHAPURAM DISTRICT-695 001, (BLACKSMITH KSRTC, KATTAKADA DEPOT).

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2 K.K.RADHAKRISHNAN,NANDANAM, NMC-442/C-VNA, ATHIYANNOOR, ARALUMMOOD P.O.THIRUVANANTHAPURAM DISTRICT-695 123,(BLACKSMITH KSRTC, KATTAKKADA DEPOT).

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3 K.L.JAYAKRISHNAN, PANAKKOOTTUKONAM VADAKKE PUTHEN VEEDU, AMARAVILA P.O.THIRUVANANTHAPURAM DISTRICT695 122,(BLACKSMITH KSRTC, CENTRAL WORKS).

¶71

BY ADV N.SASIDHARAN UNNITHAN

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RESPONDENTS:

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1 KERALA STATE ROAD TRANSPOT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

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2 ASSISTANT TRANSPORT OFFICER, KSRTC, KATTAKKADA DEPORT, THIRUVANANTHAPURAM DISTRICT-695 572.

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3 MECHANICAL ENGINEER, KSRTC CENTRAL WORKS, PAPPANAMCODE, THIRUVANANTHAPURAM-695 018

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4 KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD T133, REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM-695 001.

¶77

WPC 20779/22 & connected

¶78

¶79

BY ADVS
SRI.N.UNNIKRISHNAN
SRI.DEEPU THANKAN – SC

¶80

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.08.2022, ALONG WITH WP(C).20779/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶81

¶82

WPC 20779/22 & connected

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JUDGMENT

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W hen these matters were called today, the learned counsel

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for the parties on either side were ad idem that the issues – similar, if not identical – impelled in these cases have already been considered and answered by this Court in the judgment in WP(C)No.20251/2020.

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2 . I am, therefore, of the firm view that the petitioners

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in these matters must also be granted the same benefits, as have

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been offered to the petitioners in the afore judgment.

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In the afore circumstances, I allow these writ petitions with the following directions:

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(a) The competent Authority of the KSRTC will furnish a statement of account to the petitioners with respect to the amounts recovered from their salary and paid to the Society; and

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this shall be done as expeditiously as is possible, but not later

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than one month from the date of receipt of a copy of this judgment.

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(b) On the petitioners obtaining the afore statement, they

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WPC 20779/22 & connected

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will be at liberty to approach the Society, who will give them a

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statement of account showing the remittances made on their

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behalf by the KSRTC, within a period of one month thereafter.

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(c) Once the petitioners receive the afore statements, they will be at liberty to verify the same and if they are to find that the KSRTC has held on the amounts for unreasonable periods of time, without remitting it into the Society, they will be at liberty to make the representation to its competent Authority seeking interest for the said periods, which will be then considered by it without any avoidable delay, but not later than one month from the date on which such a representation is made.

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(d) If the KSRTC is not to accede to the afore request of the petitioners, if so made, then they will be at liberty to invoke their alternative remedies before the competent Forum or before this Court; for which purpose, all their contentions are left open.

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(e) I, however, make it clear that the afore directions will not stand in the way of the Society recovering any amounts that may be validly found due from the petitioners; but that action for the same shall be taken only after the statement of

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WPC 20779/22 & connected

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account in terms of direction (b) is offered to them.

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(f) It goes without saying that, if, through the afore

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exercise, any amount withheld from the petitioners from their salary/DCRG is found to be in excess, the same shall be returned to them by the KSRTC within a period of one month thereafter.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 20779/22 & connected

¶112

¶113

APPENDIX OF WP(C) 25115/2022

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`PETITIO` `Exhibit`	`NER EXHI` `P1`	`BITS` `TRUE COPY` `NO.BILLS/5` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `68/2019/NPR DATED 19.07.2019` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P2`	`TRUE COPY` `NO.BILLS/5` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `67/2019/NPR DATED 19.07.2019` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P3`	`TRUE COPY` `07.01.2022` `ROAD TRANS`	`OF THE RECEIPT DATED` `ISSUED BY THE KERALA STATE` `PORT CORPORATION`
`Exhibit`	`P4`	`TRUE COPY` `09.02.2022` `ROAD TRANS`	`OF THE RECEIPT DATED` `ISSUED BY THE KERALA STATE` `PORT CORPORATION`
`Exhibit`	`P5`	`TRUE COPY` `10.03.2022` `ROAD TRANS`	`OF THE RECEIPT DATED` `ISSUED BY THE KERALA STATE` `PORT CORPORATION`
`Exhibit`	`P6`	`TRUE COPY` `18.04.2022` `ROAD TRANS`	`OF THE RECEIPT DATED` `ISSUED BY THE KERALA STATE` `PORT CORPORATION`
`Exhibit`	`P7`	`TRUE COPY` `NO.BILLS/1` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `0/2022/NPR DATED 25.04.2022` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P8`	`TRUE COPY` `NO.BILLS/1` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `0/2022/NPR DATED 25.04.2022` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P9`	`TRUE COPY` `NO.BILLS/1` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `1/2022/NPR DATED 05.05.2022` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P10`	`TRUE COPY` `NO.BILLS/1` `ISSUED BY` `TRANSPORT`	`OF THE SALARY CERTIFICATE` `0/2022/NPR DATED 25.04.2022` `THE OFFICE OF THE ASSISTANT` `OFFICER`
`Exhibit`	`P11`	`TRUE COPY` `21.05.2022` `ROAD TRANS`	`OF THE RECEIPT DATED` `ISSUED BY THE KERALA STATE` `PORT CORPORATION`

¶115

WPC 20779/22 & connected

¶116

¶117

APPENDIX OF WP(C) 25264/2022

¶118

`PETITION`	`ER EXH`	`IBITS`
`Exhibit`	`P1`	`TRUE COPY OF THE` `STATEMENT DATED` `THE 1ST PETITION`	`SALARY RECOVERY` `16/7/2022 IN RESPECT OF` `ER`
`Exhibit`	`P2`	`TRUE COPY OF THE` `STATEMENT DATED` `THE 2ND PETITION`	`SALARY RECOVERY` `9/5/2022 IN RESPECT OF` `ER`
`Exhibit`	`P3`	`TRUE COPY OF THE` `DATED 1/12/2020` `RESPONDENT FROM`	`GRATUITY PAYMENT ORDER` `ISSUED TO THE 5TH` `THE KSRTC`
`Exhibit`	`P4`	`TRUE COPY OF THE` `THE LOAN AS ON 1` `4TH RESPONDENT S`	`STATEMENT OF ACCOUNT OF` `4/7/2022 ISSUED FROM THE` `OCIETY`
`Exhibit`	`P5`	`TRUE COPY OF THE` `1/8/2022 OF THE` `THE 2ND RESPONDE`	`REPRESENTATION DATED` `1ST PETITIONER SENT TO` `NT`
`Exhibit`	`P6`	`TRUE COPY OF THE` `1/8/2022 OF THE` `THE 2ND RESPONDE`	`REPRESENTATION DATED` `2ND PETITIONER SENT TO` `NT`

¶119

WPC 20779/22 & connected

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¶121

APPENDIX OF WP(C) 6350/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PAGES 1 TO 3 OF THE
PENSION PAYMENT ORDER ISSUED TO THE
PETITIONER.
Exhibit P2TRUE COPY OF THE CERTIFICATE NO.BD1-
101/202/TSR DATED 17.2.2022 SHOWING
RECOVERY DETAILS OF THE PETITIONER FROM
10/2014 TO 7/2018 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P3TRUE COPY OF THE JUDGMENT IN WP(C)
NO.20338/2021 DATED 28.9.2021.
Exhibit P4TRUE COPY OF ORDER NO.VLE2/003149/10
DATED 23.6.2010 OF THE CORPORATION.
Exhibit P5TRUE COPY OF ORDER NO.PL7/000175/10
DATED 27.12.2014 OF THE 1ST RESPONDENT.
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED
15.6.2019 FILED BY THE PETITIONER BEFORE
THE FIRST RESPONDENT.

¶123

WPC 20779/22 & connected

¶124

¶125

APPENDIX OF WP(C) 14200/2020

¶126

`PETITION`	`ER EXHI`	`BITS`
`EXHIBIT`	`P1`	`TRUE COPY OF THE`	`SALARY RECOVERY`
		`STATEMENT DATED 1` `THE 1ST PETITIONE`	`2.3.2020 IN RESPECT OF` `R`
`EXHIBIT`	`P2`	`TRUE COPY OF THE` `OF THE LOAN IN RE` `PETITIONER ISSUED`	`STATEMENT OF ACCOUNTS` `SPECT OF THE 1ST` `FROM THE SOCIETY`
`EXHIBIT`	`P3`	`TRUE COPY OF THE` `ISSUED FROM THE 4`	`LETTER DATED 28.2.2019` `TH RESPONDENT SOCIETY`
`EXHIBIT`	`P4`	`TRUE COPY OF THE` `STATEMENT DATED 1` `THE 2ND PETITIONE`	`SALARY RECOVERY` `2.3.2020 IN RESPECT OF` `R`
`EXHIBIT`	`P5`	`TRUE COPY OF THE` `OF THE LOAN IN RE` `PETITIONER ISSUED`	`STATEMENT OF ACCOUNTS` `SPECT OF THE 2ND` `FROM THE SOCIETY`
`EXHIBIT`	`P6`	`TRUE COPY OF THE` `ISSUED FROM THE 4`	`LETTER DATED 30.3.2019` `TH RESPONDENT SOCIETY`
`EXHIBIT`	`P7`	`TRUE COPY OF THE` `STATEMENT DATED 2` `THE 3RD PETITIONE`	`SALARY RECOVERY` `0.3.2020 IN RESPECT OF` `R`
`EXHIBIT`	`P8`	`TRUE COPY OF THE` `OF THE LOAN IN RE` `PETITIONER ISSUED`	`STATEMENT OF ACCOUNTS` `SPECT OF THE 3RD` `FROM THE SOCIETY`
`EXHIBIT`	`P9`	`TRUE COPY OF THE` `ISSUED FROM THE 4`	`LETTER DATED 19.3.2020` `TH RESPONDENT SOCIETY`

¶127

WPC 20779/22 & connected

¶128

¶129

¶130

`PETITION`	`ER EXHIB`	`ITS`
`Exhibit`	`P1`	`TRUE COPY OF THE IDENTITY CARD ISSUED TO` `THE PETITIONER`
`Exhibit`	`P2`	`TRUE COPY OF THE ACCOUNT STATEMENT DATED` `20.10.2021 ISSUED TO THE PETITIONER BY` `THE 4TH RESPONDENT SOCIETY`
`Exhibit`	`P3`	`TRUE COPY OF THE CERTIFICATE NO.BD1-` `101/2021/TSR DATED 14.06.2022 SHOWING` `RECOVERY OF RS. 1,39,150/- ISSUED TO THE` `PETITIONER BY THE 3RD RESPONDENT`
`Exhibit`	`P4`	`TRUE COPY OF THE CERTIFICATE NO.BD1-` `101/2021/TSR DATED 07.06.2022 SHOWING` `RECOVERY OF RS.88,000/- ISSUED TO THE` `PETITIONER BY THE 3RD RESPONDENT`
`Exhibit`	`P5`	`TRUE COPY OF THE ACCOUNT STATEMENT OF` `STATE BANK OF INDIA DATED 07.06.2022` `SHOWING THE DETAILS OF LOAN RECOVERIES` `FROM 01.01.2022 TO 31.05.2022 ISSUED TO` `THE PETITIONER`
`Exhibit`	`P6`	`TRUE COPY OF THE REPRESENTATION DATED` `19.09.2021 SENT TO THE 1ST RESPONDENT`
`Exhibit`	`P7`	`TRUE COPY OF THE OF THE JUDGEMENT DATED` `17.12.2019 IN W.P(C) NO.24837/2019`
`Exhibit`	`P8`	`TRUE COPY OF THE JUDGMENT DATED` `12.12.2006 IN WRIT APPEAL NO.2060/2006`
`RESPONDE`	`NT EXHIB`	`ITS`
`Exhibit`	`R4(A)`	`A TRUE COPY OF THE STATEMENT OF ACCOUNTS` `IN RESPECT OF LOAN BEARING NO.BAL-53651` `AVAILED BY THE PETITIONER.`

T.a.Poulose v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

T.a.Poulose v. Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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