IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 19518 of 2008(L) ---------------------------------------------- PETITIONER: ----------------- P.MUSTAFA KAMAL, UNDATHARA HOUSE, T.C.68/2390, THIRUVALLAM P.O., THIRUVANANTHAPURAM 695027. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT: --------------------- KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 19518 OF 2008 W -------------------------------------- Dated this the 15th July, 2008 JUDGMENT Petitioner retired from the service of the respondent Corporation on 31.3.2007. He seeks out of turn payment of Commuted Value of Pension and arrears of salary, overlooking the priority list maintained by the KSRTC. It is stated that the petitioner is suffering from Adult Polycystic Kidney Disease with Advanced Renal Failure and is undergoing prolonged treatment. It is stated that he is in the final stage of the Kidney Disease. He had approached this Court earlier. Ext.P3 is the Judgment in the Writ Petition filed by the respondent herein. It is also stated that as per the direction in Ext.P3 Judgment, the petitioner has been given DCRG. Now, his condition is stated to have become worse and he has undergone 114 sessions of Haemodialysis. His renal functions have reached the end stage and he has been advised immediate Renal Transplantation. Ext.P4 is the Certificate. Petitioner was granted the benefit of DCRG pursuant to Ext.P3 Judgment. By Ext.P3 Judgment it is directed that for the balance amount, petitioner may wait in the queue. Learned standing counsel for the respondent Corporation does not seriously oppose the grant of Commuted Value of Pension. In the facts of this case, I feel that there can WPC. 19518/08 W 2 be a direction to release the Commuted Value of Pension to the petitioner. I notice that in Ext.P4 Certificate which is dated 28.5.2008, it is stated that the renal functions have reached end stage and the petitioner would be benefited from renal transplantation, cost of which is approximately Rs.5 Lakhs. In such circumstances, and in view of the stand taken by the respondent Corporation also, there will be a direction to the respondent to pay to the petitioner the amount due to him as Commuted Value of Pension within six weeks from the date of receipt of a copy of this Judgment. The Writ Petition is disposed of as above. K. M. JOSEPH, JUDGE kbk.