IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 2274 of 2008(U) --------------------------------- PETITIONER: ---------------- A.MOHAMMED BASHEER, S/O.LATE C.A.ABDUL KHADER, CHENTHARA HOUSE, INJOOR, KOZHIPPILLY P.O., KOTHAMANGALAM. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENTS: ------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 2. FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2274 OF 2008 ---------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.3.2007. The petitioner seeks two reliefs in this writ petition. First is for out of turn payment of DCRG and Commuted Value of Pension overlooking priority of date of retirement. The second is for a direction to disburse Provident Fund and Staff Welfare Fund amount payable to the petitioner. 2. I have heard the learned Standing Counsel for the Corporation also. 3. The reason for seeking out of turn payment of DCRG and Commuted Value of pension is that the petitioner borrowed money for the marriage of his daughter and for paying off that debt he requires money. The petitioner has not produced any material to show that the petitioner is indebted to anybody on account of borrowing money for the marriage of his daughter. In fact he has not produced any material to prove that he is W.P.(c)No.2274/08 2 indebted to anybody. Therefore, I am not inclined to direct payment of DCRG and Commuted Value of pension out of turn to him on that ground. Even otherwise I am not inclined to issue direction to give out of turn payment for discharging debts since that cannot be accepted as a ground for out of turn payment. However, the petitioner is entitled to get a Provident Fund and Staff Welfare Fund amounts immediately. Accordingly, while rejecting the prayer for out of turn payment of DCRG and Commuted Value of Pension, I direct the respondents to disburse the Provident Fund and Staff Welfare Fund amounts due to the petitioner, with interest on the Provident Fund amount till the date of payment at the statutory rate, 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. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.2274/08 3