IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 9725 of 2011(M) -------------------------------------- PETITIONER(S): ------------------------ K.KADAL KARAYANDI, S/O.KALI MUTHU, HOUSE NO.21, NETHAJI NAGAR, MULLANKUZHI, KOTTAYAM.(PEON-RETIRED ON 31.3.2010 FROM PALA) KERALA STATE ROAD TRANSPORT CORPORATION BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O.,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O.,THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA. R1 TO R4 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. ........................................... W.P.(C).NO.9725 OF 2011 ............................................. Dated this the 23rd day of May, 2011. JUDGMENT Petitioner is a retiree from the service of the Kerala State Road Transport Corporation. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to sanction and disburse the DCRG and commuted value of petition. 2. Disbursement of retirement benefits under the Corporation is being governed by the directions issued by this Court in W.A.No.289/2011. A deviation from the same is permissible only on exceptional circumstance. 3. Contending that there exists such an exceptional circumstance, the petitioner has produced Exts.P2 to P5. Contention of the petitioner is that for the purpose of solemnizing the marriage of his daughter, the petitioner had to pledge gold ornaments belonging to him and also borrowed some gold ornaments for pledging from friends and relatives besides availing personal loans. Now, the friends and relatives, from whom he borrowed gold W.P.(C).NO.9725 OF 2011 : 2 : ornaments and personal loans, are insisting to return the same. It is in the circumstances that this writ petition is filed mainly with the aforesaid prayer. 4. I have heard learned counsel for the petitioner and also learned standing counsel. Learned standing counsel submitted that verity of the contentions raised by the petitioner would be enquired into by a competent officer of the first respondent Corporation. In case it is found that the contentions of the petitioner are true, DCRG and Commuted value of petition admissible to the petitioner would be disbursed. In view of the said submission, this writ petition is disposed of with a direction to the respondents to conduct an enquiry to find out whether the contentions raised in this writ petition for getting an out of turn disbursement of retirement benefits are true and based on the outcome of such enquiry, the question of disbursement of DCRG and Commuted value of pension shall be decided by the respondents. In case the reasons assigned by the petitioner are found true and correct, DCRG and Commuted value of W.P.(C).NO.9725 OF 2011 : 3 : pension payable to the petitioner shall be disbursed expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/= C.T. RAVIKUMAR, JUDGE. /true copy/ P.S. to Judge cl