IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 32086 of 2010(I) -------------------------- PETITIONER(S): --------------- G.RAJASEKHARAN NAIR, CHAITRAM, ELIPAKKUZHI, KAZHAKOOTAM.P.O., THIRUVANANTHAPURAM DISTRICT. (INSPECTOR, KSRTC, RETIRED ON 31/3/2010, KANIYAPURAM DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695 023. 2. CHIEF MANAGER, UNION BANK OF INDIA, KAZHAKOOTAM BRANCH, THIRUVANANTHAPURAM-695 582. R1 BY S.C. SHRI V.V. NANDAGOPAL NAMBIAR R2 BY ADV. SHRI A.S.P. KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32086 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010. JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.3.2010. It is averred in the writ petition that the petitioner had availed a housing loan of Rs.6,00,000/- from the second respondent Bank and another loan to the tune of Rs.4,22,000/- for purchase of a vehicle. It is averred further that as on 30.6.2010 the total amount outstanding in the above two loans will come to Rs.10,71,110/-. Ext.P2 is the copy of the notice issued by the Bank under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is in these circumstances, the petitioner has filed this writ petition seeking for a direction to disburse the DCRG and Commuted Value of Pension. 2. The matter is governed by the directions issued by a Division Bench of this Court in W.A. No.289/2001, wherein it has been specified that disbursement of retirement benefits will be on the basis of the date of retirement unless otherwise ordered by this Court. Herein, the petitioner has shown a genuine reason. wpc 32086/2010 2 3. Therefore, the first respondent will conduct due enquiry in the matter and disburse the DCRG and Commuted Value of Pension to the petitioner after deducting and paying the amount due to the second respondent. The second respondent Bank will communicate the liabilities against the petitioner as on today, to the first respondent in the meanwhile. It will be open to the petitioner to move the second respondent for allowable concessions, if any. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/