IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 6^TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 WP(C) NO. 15405 OF 2020 PETITIONER/S:

1 K.C.CHANDRALAL CHANDRALAYAM, VALAMBOORKARA, PATTIMATTOM P.O., ERNAKULAM-683 562, (DRIVER) KSRTC, ERANAKULAM DEPOT).

2 MANOJ V.N, VETTIKKATT MARI, NORTH MAZHUVANNOOR, ERNAKULAM DISTRICT-683 545.

(DRIVER, KSRTC, MUVATTUPUZHA DEPOT)

BY ADV N.SASIDHARAN UNNITHAN RESPONDENTS :

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023. 2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN , FORT, THIRUVANANTHAPURAM-695 023.

3 DISTRICT TRANSPORT OFFICER, KSRTC , ERANAKULAM DEPOT, ERNAKULAM-682 012

4 DISTRICT TRANSPORT OFFICER, KSRTC, MUVATTUPUZA DEPOT, ERNAKULAM DISTRICT-686 681.

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

6 PUTHENCRUZ GOVT SERVANT CO-OPERATIVE SOCIETY LTD NO E 153, REP BY ITS SECRETARY, PUTHENCRUEZ-ERNAKULAM DISTRIT-686 670

7 MUVATTUPUZHA KSRTC EMPLOYEES CO-OPERATIVE SOCIETY LTD E 820, REP BY ITS SECRETARY, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 681.

BY ADVS.

SRI.DEEPU THANKAN, SC SRI.N.UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners herein are the employees of the Kerala State Road Transport Corporation (KSRTC). They contend that they had availed loans from respondents 5 to 7, which are Societies registered under the Co-operative Societies Act for repair and maintenance of their respective houses. As per the arrangements between the petitioners as well as the respondents, the KSRTC is required to recover the amount from the salary of the petitioners and to remit the amount to the Societies concerned. However, the KSRTC, after having recovered the amount, retained the amount and failed to pay the amounts to the respondent societies. This fact would be evident from Exts.P1 to P4. It is also contended that an amount of Rs.73,116/- is due to the 2nd petitioner as salary arrears. It is on these assertions that the petitioners have filed this writ petition seeking the following reliefs:

i) To issue a writ of mandamus or any other writ or direction directing the 1st respondent to remit the amount which is recovered from the salary of the petitioners and thereafter retained by the KSRTC without paying to the 5th to 7th respondent societies, with interest immediately.

ii) To issue a writ of mandamus or any other writ or direction directing the 1st respondent to pay the arrears of salary of Rs.73,116/- as intimated in Exhibit P7 to the 2nd petitioner with interest immediately.

2. A counter affidavit has been filed by the 5th respondent wherein it is stated that in respect of Loan bearing No.BAL-50368 availed by the 1st petitioner is concerned, the 1st respondent Corporation has recovered a total sum of Rs.2,33,510/-, however, only a sum of Rs.1,91,110/- has been remitted leaving an outstanding of Rs.42,400/- to be paid to the 5th respondent. The 1st respondent has a liability of Rs.57,062/- which includes interest amounting to Rs.14,662/-. It is further stated that the 1st petitioner had taken another loan No. EGL-78659 on 24.7.2019 wherein default has been committed and a sum of Rs.41,490/- is due. The total liability towards the 5th respondent is Rs.85,212 out of which, a sum of Rs.57,062/- to be paid by the KSRTC and a sum of Rs. 28,150/- is to be remitted by the 1st petitioner. Insofar as the 2nd petitioner is concerned, he has no claim over the KSRTC in respect of recovery. He has availed of three loans and his total liability comes to Rs.1,00,583/-. As per the surety bond and consent letters issued by the petitioners, if default is committed, the loan amount can be recovered from the salary of the petitioners or from any receivables from the KSRTC.

3. I have hea