IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21802 of 2011(A) -------------------------- PETITIONER: --------------- JACOB K.A., AGED 56 YEARS,S/O.THOMAS ABRAHAM, INSPEPCTOR,RETIRED,KERALA STATE ROAD TRANSPORT CORPORATION,RESIDING AT KUNCHARATHIL VEEDU, RANIMUDI,LEKSHMIKOVIL, PEERUMADE,IDUKKI. BY ADV. MR.P.P.SOMAN NAIR RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O.,THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN,FORT P.O., THIRUVANANTHAPURAM 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, FORT P.O.,THIRUVANANTHAPURAM 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KUMILY P.O. 5. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.133, FORT P.O.,THIRUVANANTHAPURAM-23, REPRESENTED BY ITS SECRETARY. ADV.MR.BABY JOSEPH KURUVATHAZHA, SC FOR KSRTC R1-R4 MR.N.UNNIKRISHNAN FOR R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21802 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: RELIEVING ORDER ISSUED TO THE PETITIONER. EXT.P2: PLAINT IN THE ARBITRATION PROCEEDINGS. EXT.P3: JUDGMENT IN W.P.(C).NO.24770/2010 DTD. 6.8.2010. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21802 Of 2011 ---------------------- Dated this the 10th day of August, 2011. J U D G M E N T The writ petition is filed for a direction directing respondent Corporation to sanction and disburse DCRG and Commuted Value of Pension due to the petitioner for settling the liability under One Time Settlement Scheme before 15.8.2011. 2. The petitioner retired from service on 31.3.2011 on attaining superannuation. The retirement benefits including the DCRG and Commuted Value of Pension are not disbursed to the petitioner till date. It is pointed out that the petitioner had availed a loan of Rs.1,50,000/- from the 5th respondent Society on 10.5.2005. The petitioner submits that due to financial stringency for various reasons, he failed to repay the amount promptly and the payment is in arrears. It is stated that for the education of his children and maintenance of his family and also to pay off the liabilities he is in urgent need of money . It is also pointed out that he has no other means other than terminal benefits. 3. The petitioner is legally entitled to get the pensionary benefits immediately on his retirement. This Court had occasions ::2:: W.P.(C).No.21802 Of 2011 to consider the grievance of other employees in similar matters in W.P.(C).No.24770/2010 and several other connected cases. This Court in the said judgment directed the Corporation to disburse the retirement benefits within one month from the date of receipt of a copy of the judgment. 4. For disbursement of retirement benefits to the retired employees, this Court issued directions in W.A.No.289/2001 and based on the guidelines the retirement benefits shall be disbursed strictly based on the date of retirement, unless otherwise ordered by this Court. 5. The learned counsel for the 5th respondent Society submits that the petitioner availed a loan of Rs.1,50,000/-. The amount due as on 10.8.2011 is Rs.1,22,594/- which includes principal amount and interest of Rs.5,659/-. The Society had initiated arbitration proceedings and the same is pending. Ext.P2 is the copy of the plaint in the arbitration proceedings. The petitioner submits that the 5th respondent Society has extended the period of One Time Settlement Scheme by name, Aswas- 2011, for settling the loan, till 15.8.2011 and that, if the loan amount is not settled by availing the OTS Scheme, the petitioner ::3:: W.P.(C).No.21802 Of 2011 will be compelled to pay huge amount by way of interest and penal amount. The learned counsel for the 5th respondent Society submits that the Scheme, Aswas-2011, is not applicable in this case and therefore, the petitioner is not entitled to the benefit extended under the Scheme. The learned counsel for the 5th respondent submits that the Society is willing to waive the interest portion of Rs.5,659/- on the total amount due. 6. In these circumstances, this Court direct the first respondent to discharge the liability of the petitioner towards 5th respondent Society of Rs.1,16,935/-, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-