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2009 Supreme(Online)(KER) 4978

HIGH COURT OF KERALA
K.S.RADHAKRISHNAN, J
A.THOMAS – Appellant
Versus
K.S.R.T.C. – Respondent


Advocates:
SRI.BINOY VASUDEVAN, ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC, SRI.ALEXANDER GEORGE, SRI.DILIP MOHAN, SRI.N.UNNIKRISHNAN, SC KSTW CO.OP SOCIET, SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD.

J U D G M E N T

~~~~~~~~~~~~~

The petitioner, a KSRTC employee, is aggrieved by the recoveries from different authorities through the KSRTC. The 4th respondent Co-operative Society has filed a counter affidavit with Ext.R4(A) statement. The uncontroverted version therein is as follows:

“The petitioner, Shri.Thoma A, having membership No.14730, had availed a loan No.BAL-42417 of Rs.70,000/- on 11.12.2002 with repayment condition on 49 instalments ending on 11.1.2007. The repayment of the loan instalments were in arrears for months together. The loan outstanding balance as on 8.2.2007 comes to Rs.83919/- after remittance of deduction of Rs.27536/- including the recovery in 11/06 and in 12/06 for Rs.3109/- and Rs.4178/- respectively. The petitioner is having only 21 months service left. At the time of retirement of the petitioner, he may not be get the retiral benefit immediately as it may take at least 2-3 years. Hence, it is necessary to direct the petitioner to clear outstanding pending against his loan with the respondent Society directly or direct the first respondent to recover the same from retirement benefits including the P.F., S.W.F and other amounts on the basis of undertaki

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