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 3RD APRIL 2009 / 13TH CHAITHRA 1931 RP.No. 145 of 2009(D) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30065/2008 Dated 16/12/2008 .................... REVIEW PETITIONER(S): ---------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR,KSRTC, THIRUVANANTHAPURAM-695 023. BY ADV. MR. K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT(S): --------------- M.ALI AKBAR, S/O. MUHAMMED IBRAHIM, RESIDING AT JASEENA MANZIL, ATTORKONAM, KARINGOOR P.O., VIA OYUR, KOTTARAKKARA. ADV. MR. R. GOPALAKRISHNAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ========================================= R.P.No.145 of 2009 - D in W.P.(C).No.30065 of 2008 =============================== Dated this the 3rd day of April, 2009. O R D E R Balakrishnan Nair, J. The respondent (KSRTC) in W.P.(C).No.30065/2008 has preferred this review petition seeking review of the judgment in the writ petition dated 16.12.2008. Since the KSRTC failed to pay the terminal benefits due to retired persons other then monthly pension in time, this Court issued certain directions in W.A.No.289/2001 concerning the same. It was ordered that 10% of the daily collection shall be set apart to meet the pensionary claims of the retired employees. The pensionary benefits were to be released according to the seniority of the retirees reckoned with reference to the date of retirement. While so, some of the pensioners came forward raising demand for out of turn payment. The grounds raised for out of turn payment were the marriages of their daughters or treatment for serious illness like cancer for the members of the family. Those claims R.P.No.145 of 2009 - D 2 were verified and certified by the KSRTC as genuine. Thereupon, this Court in a batch of writ petitions allowed out of turn payment of terminal benefits to the petitioners therein. From one of such writ petitions, W.P.(C).No.30065/2008, this review petition arises. This Court ordered that when out of turn payment is made, the same may be paid not from the 10% set apart for payment to the pensioners but from other funds. While saying so, we meant that the same should be paid from the 90% of the collection available to the KSRTC. Such an order was passed to avoid prejudice to the general pensioners standing in the queue to receive the terminal benefits due to them, as a result of out of turn payment. It will be unfortunate that if a pensioner is not having a daughter of marriageable age, he will not get terminal benefits in time or the release of terminal benefits to him will be further delayed when such claims are made from the 10% of the daily collection set apart by the KSRTC. Now, the present review petition is filed praying that the said direction may be modified and the out of turn payment may also be ordered to be paid from the 10% daily collection set apart for the benefits of the R.P.No.145 of 2009 - D 3 pensioners. We feel that the ill-effects of direction issued by us, highlighted in this review petition are imaginary. The pensioners who claim out of turn payment on compassionate terms are also entitled to receive payment after some time. So paying their amounts in advance will not in any way increase the financial burden of the KSRTC, as their claims are not new claims. We have gone through the grounds raised in the review petition. We feel that no ground is made out to review the judgment. The portion of the judgment sought to be reviewed has been consciously rendered by us having regard to the facts of the case. In the result, the review petition fails and accordingly, it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. bkn/-