LAWS(APH)-2015-10-10

M.A. HAKEEM Vs. TSRTC AND ORS.

Decided On October 07, 2015
M.A. Hakeem Appellant
V/S
Tsrtc And Ors. Respondents

JUDGEMENT

(1.) HEARD Sri A.G. Satyanarayana Rao, learned counsel appearing for the petitioner and Sri N. Vasudeva Reddy, learned Standing Counsel for TSRTC -respondents 1 to 3.

(2.) THE petitioner was a driver in the 1st respondent -Corporation. He was appointed on 12 -02 -1984. After rendering unblemished service, he retired from service on attaining the age of superannuation on 31 -3 -2012 from the 3rd respondent -Depot. One Shaik Hussain, Conductor in the respondents -Corporation, obtained House Building Advance (HBA) of Rs. 83,300/ - while in service. The petitioner and one Mohammed Kareem Pasha, driver, stood as sureties to the said principal borrower. An amount of Rs. 16,000/ - was recovered from Sk. Hussain towards the principal amount of the HBA by the Corporation. It is submitted by the petitioner that as per the Circulars of the Corporation, if an employee is removed from service, the balance loan amount and interest has to be recovered from the settlement of salary, Gratuity and by disposing of the property offered as security to the HBA. According to the petitioner, the 3rd respondent has not taken any action till June, 2000 and started recovery from the salary of the surety Md. Kareem Pasha, driver. Thus, an amount of Rs. 65,300/ - was recovered from the salary of the other surety Md. Kareem Pasha. Further, an amount of Rs. 2,500/ - was recovered from the salary of the petitioner. Thus, the total principal amount of Rs. 83,800/ - was recovered by the 3rd respondent as on May, 2011. The principal borrower Sk. Hussain was removed from service on 03 -5 -1993.

(3.) THE respondents -Corporation filed counter affidavit contending, inter alia, as follows: