IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 8149 of 2008(T) ------------------------- PETITIONER: ------------ G.NATARAJAN ASSARY, PADINJARE POOVATHUR THAZHASSERY, PALKULANGARA, PETTAH. P.O., THIRUVANANTHAPURAM. (BLACKSMITH, RETIRED ON 31.03.2007 FROM PAPPANAMCODE DEPOT.) BY ADV. SRI.R.GOPALAKRISHNAN (SREEVALSAM) SRI.N.SASIDHARAN UNNITHAN RESPONDENT: ------------- KERALA STATEL ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. PIN: 695023. BY ADV.SRI.K.PRABHAKARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.8149 of 2008 (T) ======================= Dated this the 28th day of March, 2008 JUDGMENT The petitioner is a retired employee of the KSRTC who retired on 31.12.2007. He seeks out of turn payment of DCRG and commuted value of pension due to him on his retirement on the ground that he is threatened with coercive proceedings for recovery of loan amounts due from him to the Kerala State Transport Worker's Co-operative Ltd. and the Karamana Co- operative Urban Bank Ltd. 2. I have heard the learned counsel for the petitioner as also the learned standing counsel for the respondent. From Exts. P1 and P2, it is clear that the petitioner is threatened with coercive recovery proceedings. Therefore, I am satisfied that the petitioner has made out a case for out of turn payment of his retirement benefits to the extent demanded in Exts.P1 and P2. Accordingly, the writ petition is disposed of with the following directions: The respondent shall forward a cheque for Rs.1,33,712/- to W.P.(C) No.8149/2008/T -2- the Kerala State Transport Worker's Co-operative Society to satisfy the petitioner's liability as per Ext.P1 and respondent shall forward another cheque for Rs.93,150/- to the Karamana Co-operative Urban Bank Limited in satisfaction of the payment demanded as per Ext.P2. These amounts shall be deducted from the DCRG/commuted value of pension due from the respondent to the petitioner. However, I make it clear that this payment shall not be out of the 10% set apart as per a scheme framed by this Court but shall be from the other funds of the Corporation. S.SIRI JAGAN, JUDGE jp