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 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 37784 of 2007(W) -------------------------- PETITIONER: ------------- T.SEBASTIAN, S/O.LONAN, AGED 56 YEARS, RETIRED SENIOR ASSISTANT, K.S.R.T.C, D.T.O, ALUVA DEPOT, RESIDING AT THALIYANEZHATH HOUSE, CHIRAKKAKAM, VARAPUZHA, ERNAKULAM. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: --------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THEL DISTRICT TRANSPORT OFFICER, K.S.R.T.C, ALUVA. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.37784/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ACR NO.153/06 FILED BY THE BANK BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM.. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 15.11.07 MADE BEFORE THE FIRST RESPONDENT. ADDL.EXT.P3: TRUE COPY OF AWARD DATED 27.6.08 IN ARC.NO.153/06. RESPONDENTS' EXTS: ANNEXURE R1(A): TRUE COPY OF THE NOTICE DATED 12.1.07. ANNEXURE R1(B): TRUE COPY OF THE STATEMENT DATED 8.1.07. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.37784 OF 2007 W ----------------------------------------------------- DATED THIS THE 31st DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner was an employee of the KSRTC. He retired from service on 31.8.2006. Though he received Provident Fund and Staff Welfare Fund, the DCRG due to him is yet to be released. He is pressed by his creditors, including the Kerala State Co-operative Bank. He wants out of turn payment of the DCRG due to him to clear his liabilities to them. So, he filed Exhibit P2 representation before the KSRTC praying that the amount due to him by way of DCRG may be released without delay. 2. The KSRTC has filed a statement, alleging that, on the strength of the salary certificates issued by it, the petitioner has availed loans from several financial institutions. The claims of those institutions will come to Rs.10,62,037/-. As per the condition in the salary certificate issued by the KSRTC, it has an obligation to recover the amount from him and pay it to the W.P.(C)No.37784/07 2 institutions concerned. In view of the above position, it is submitted that no amount can be released to the petitioner. 3. Having regard to the facts of the case, this is not a fit case in which this Court should order payment to the petitioner out of turn. Accordingly, the Writ petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn