IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 21231 of 2008(C) -------------------------- PETITIONER(S): ---------------------- V. REGHUNATHAN, S/O BHASKARAN, PUNCHIRI BHAVAN, CHANDANATHOPE P.O., VELAMKONAM, KOLLAM DISTRICT,(PUMP OPERATOR -RETIRED K.S.R.T.C., PUNALUR). BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRASPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRASNPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 3. THE ASSISTANT PERSONAL OFFICER,(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRASNPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 4. THE ASSISTANT TRASPORT OFFICER, K.S.R.T.C., PUNALUR. * ADDL. R5 & R6 IMPLEADED ADDL. R5: THE SECRETARY, PARAVUR S.N.V REGIONAL CO-OPERATIVE BANK LTD. NO.1685, PARAVUR KOLLAM. W.P.(C). NO. 21231/2008-C ADDL. R6: THE ASSISTANT REGISTRAR OF CO-OPERATIVES AND ARBITRATOR CUM SALE OFFICER, PARAVUR, S.N.V. REGIONAL CO-OPERATIVE BANK LTD. NO.1685, PARAVUR, KOLLAM * ADDL. R5 AND R6 ARE IMPLEADED, VIDE ORDER DATED 03/09/2008 IN I.A. NO.11311/2008. ADV. SRI.K.PRABHAKARAN, SC, KSRTC FOR R1 TO R4 ADV. SRI.B.SURESH KUMAR FOR ADDL.R5 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, ALONG WITH WPC NO. 31588 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 21231/2008-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE SUMMONS ISSUED BY THE ASST, REGISTRAR OF CO-OP. SOCIETIES/ARBITRATOR CUM SALE OFFICER, S.N.V. REGIONAL CO-OPERATIVE BANK LTD. NO.1685, PARAVUR, KOLAM. EXT.P3: COPY OF THE COMPLAINT FILE BY THE SOCIETY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 21231 & 31588 OF 2008 ============================ DATED THIS THE 7TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. They are indebted to financial institutions, which have taken steps to recover the amounts due to them from the petitioners. So, these writ petitions are filed seeking out of turn payment of their death-cum-retirement gratuity. This Court has already held that only in rare cases out of turn payment should be ordered. Serious illness of the pensioner and want of funds for treatment and also the marriages of daughters have been held to be grounds for deviation from the priority list. If indebtedness to financial institutions is taken as a ground then the priority list will lose meaning. It is common knowledge that these days every employee will be indebted to one or more financial WPC.21231 & 31588 /08 -2- institutions. In the result, these writ petitions fail and they are accordingly dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI, JUDGE ks.