IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20670 of 2011(G) -------------------------------------- PETITIONER: ------------------- V.P.SOMAN NAIR, INSPECTOR (RETIRED), KERALA STATE ROAD TRANSPORT CORPORATION PONKUNNAM, DIVYADARSHAN, PONKUNNAM P.O,KOTTAYAM. BY ADVS. SRI.P.P.SOMAN NAIR, SRI.K.S.MURALIKRISHNAN NAIR. RESPONDENTS: ----------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O,TRIVANDRUM -23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O,TRIVANDRUM -23. 3. ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O,TRIVANDRUM -23. 4. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM – 04. 5. SECRETARY, KERALA STATE ROAD TRANSPORT CORPORATION, SOCIETY NO.T. 133, TRIVANDRUM – 23. R1 TO R5 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20670/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELIEVING ORDER ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE MARRIAGE INVITATION LETTER OF THE PETITIONER'S DAUGHTER. EXT.P.3: COPY OF THE NOTICE IN ARBITRATION PROCEEDINGS. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.24770/2010(U) DTD. 06/08/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 20670 OF 2011 ------------------------------- DATED THIS THE 28TH DAY OF JULY, 2011 JUDGMENT Heard the learned Counsel for the petitioner and the Standing Counsel for the respondent-Corporation. 2. This writ petition is filed for a direction to the respondents to sanction and disburse the Death-cum-Retirement Gratuity (DCRG) and commuted value of pension due to the petitioner for settling the liabilities under the one time settlement scheme before 15th August, 2011. 3. Petitioner retired from the service of the lst respondent-Corporation as Inspector on 31/3/2011. Terminal benefits, namely, DCRG, commuted value of pension etc. are pending payment. Petitioner availed a loan of Rs.1,65,000/- from the 5th respondent -Society on 10/5/2005. Petitioner produced Ext.P3, which is a copy of the notice issued in the arbitration proceedings. Ext.P3(2) is the copy of the plaint in the arbitration -2- W.P.(C).No.20670/2011 case. The amount outstanding as on the date of filing of the plaint is Rs.1,45,870/-. It is stated in the writ petition that the petitioner could not repay the periodical instalments promptly, since he has no other source to pay the same, except the salary. It is stated that he had spent the amount for the education of his children and for maintaining the household affairs and therefore the repayment could not be effected in time. It is also stated that the marriage of the petitioner's daughter was solemnized on 25th November, 2007. For that reason also the petitioner could not repay the amount periodically. It is also pointed out that the disbursement of terminal benefits is likely to be delayed considering the date of retirement in view of the guidelines issued by this court in W.A.No.289/2001. The petitioner further averred that the only source of money for settling the liability of the 5th respondent and others is the pensionary benefits due from the respondent-Corporation. It is also pointed out that the 5th respondent-Society has extended the period of one-time settlement for settling the loan till 15th August, 2011 -3- W.P.(C).No.20670/2011 and that if the loan amount is not settled availing the benefit of one-time settlement, the petitioner will be compelled to pay huge amounts by way of interest and penal interest. In these circumstances, this writ petition is filed for the aforesaid reliefs. 4. This Court had occasion to consider the grievance of other employees in similar matters. Ext.P4 is the judgment of this Court in W.P.(C).No.24770/2010. In Ext.P4 judgment this Court issued a direction to the lst respondent to disburse the retirement benefits within one month from the date of receipt of the copy of the judgment, after conducting due enquiry into the claim of the petitioner. 5. The disbursement of retirement benefits is governed by the directions issued by the Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on date of retirement unless otherwise ordered by this Court. Ext.P3 copy of the summons and Ext.P3(2) copy of the plaint in the arbitration -4- W.P.(C).No.20670/2011 proceedings would go to show that the petitioner is liable to discharge his outstanding liability due to the 5th respondent society. 6. Taking into consideration the facts stated above and the averment that the time for one-time settlement for settling the loan availed from the 5th respondent-society is to expire on August 15, 2011, this Court is convinced that the reason stated for an early disbursement of the retirement benefits is genuine. 7. In these circumstances, this Court direct the lst respondent-Corporation to disburse the DCRG and commuted value of pension due to the petitioner on or before 15th August, 2011, after clearing the liability of the 5th respondent-Society. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.