IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 36971 of 2008(B) -------------------------- PETITIONER(S): --------------- G.SADASIVAN NAIR, (TYRE RETREADER, KSRTC CENTRAL WORKS, RTD.ON 30.4.2007), THIRUVATHIRA, PAKALOOR, PALLICHAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. ADV.JOHNSON.P.JOHN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, A/W. W.P.(C).No. 973/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).Nos.36971/08, 179/09, 965/09, 973/09 & 1137/2009 ================== Dated this the 27th day of January, 2009 J U D G M E N T In these writ petitions, the petitioners are retired employees of the KSRTC. As per the scheme framed by this Court for payment of retirement benefits due to the retired employees of the KSRTC, the retired employees have to stand in the queue in accordance with the priority of the date of retirement. The petitioners have sought out of turn payment, for which, according to the petitioners, provision is made in the scheme framed by this Court. The petitioners submit that they are in dire need of money for conducting marriage of their daughters which have already been scheduled, to prove which, they have produced documents along with the writ petitions. I had directed the Standing Counsel for the KSRTC to ascertain the genuineness of the claims. The learned Standing Counsel reports that the claims of the petitioners are genuine. 2. A Division Bench of this court had in similar cases permitted such out of turn payment for the purpose of marriage of daughters of the petitioners in those writ petitions. However, the Division Bench directed that such payment shall not be out of the 10% collection set apart for payment of retirement benefits to retired w.p.c.36971/08 etc. 2 employees, but shall be out of other funds of the Corporation. The Standing Counsel for the Corporation would argue that such condition should be deleted in view of two subsequent Division Bench decisions in W.A.Nos.131/09 and 2479/08. I am of opinion that while making such out of turn payments, those waiting in the queue for years together shall not be prejudiced. Accordingly, following the Division Bench decision in W.P(C).No.33094/2007 and connected cases, I pass the following directions in these writ petitions: The KSRTC shall pay to the petitioners the balance retirement benefits due to them within one month from the date of receipt of a copy of this judgment. The payment shall be made from other funds of the KSRTC and not from the 10 per cent collection set apart for paying amounts due to the pensioners who are waiting in the queue. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge