HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.11588 of 2013 Date: 23-12-2014 Between Ch.Ram Reddy … Petitioner and The BSNL, Rep. by General Manager, Telecom District, Karimnagar, Karimnagar Dist.; and 3 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.11588 of 2013 Order:
The petitioner was a Telecom Mechanic in the 1st respondent-The Bharat Sanchar Nigam Limited (BSNL) and was a member of the 4th respondent-Society. While he was in service, he availed a loan of Rs.30,000/- from the 4th respondent-Society and at the instance of the 4th respondent-Society, the loan amount used to be deducted from the salary of the petitioner every month in instalments. While so, contending that without furnishing any details, the respondents were recovering the amounts beyond the amount of availed loan and the 3rd respondent cannot deduct the amounts from the salary as per its whims and fancies, the petitioner filed the present writ petition. He sought the relief in the writ petition in the nature of a direction to the respondents not to recover any amount from his salary and also direct them to refund the excess amount paid by him with interest at 18% per annum.
2. At the time of admitting the writ petition, interim direction not to recover the amounts from the salary of the petitioner was granted. Subsequently, the petitioner retired from service. Therefore, the cause of action relating to the main prayer whereunder the petitioner sought a direction not to recover any amounts from his salary virtually does not survive. As regards the other prayer seeking refund of the excess amount paid relates to purely a question of fact which requires adducing evidence by both parties and appreciation of evidence. Therefore, such a relief cannot be granted in exercise of jurisdiction under Article 226 of the Constitution of India. The writ petition thus became infructuous and accordingly is disposed of without any order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
R.KANTHA RAO, J.
23rd December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.11588 of 2013 23rd December, 2014. (Ak)