IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 30845 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------ M.SASIDHARAN NAIR, AGED 58 YEARS, S/O.M.MADHAVAN PILLAI, NANTHALATHU VEEDU, THALAYAL, BALARAMAPURAM.P.O, THIRUVANANTHAPURAM. BY ADV. MR.B.HARISH KUMAR RESPONDENT(S): --------------------------- 1. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SECRETARY, VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD NO.1652, MARUTHANKUZHI BRANCH, VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. K.C.SANTHOSHKUMAR R4 BY ADV. MR.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30845 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009. JUDGMENT The petitioner now aged 58 years, retired from the service of the Kerala State Road Transport Corporation. He owes certain amounts to the third respondent, a co-operative society, which has not appeared in spite of notice in this writ petition. The petitioner contends that he is sick and had applied to the KSRTC for out of turn release of DCRG amounts and other retiral benefits. Going by the scheme framed by the Division Bench as approved by the Apex Court, such reliefs could be had only under the directions of this Court. Unfortunately, the petitioner has not even now applied to this Court for any such relief. This is in spite of the fact that the recovery proceedings, which is the subject matter of this case, was stayed by me WP(C)30845/2008 -: 2 :- even without imposing any condition way back on 21-10-2008. In the aforesaid scenario, the learned counsel for the petitioner states that his client is entitled to the benefit of Circular No.1/2009 as clarified by Circular No.5/2009. He may press for such relief before the third respondent. As a last resort for him to move this Court and obtain relief and also otherwise, to pay off the entire outstandings, the impugned action will continue to be stayed for a period of three months from now. No other reliefs called for. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240209