IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 32665 of 2007(L) -------------------------- PETITIONER: ------------ E.PUSHPAMGATHAN, S/O.ECHAMPY, AGED 56 YEARS, BLACKSMITH (RETD), KSRTC, RESIDING AT DILEEP BHAVAN, MARUTHAMONPALLY, POOYAPPALLY P.O., KOTTARAKKARA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, KOTTARAKKARA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32665 of 2007/L APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF ORDER NO.P & A 14.011988/07 DTD. 3.5.2007. EXT. P2: COPY OF CASE SUMMARY & DISCHARGE RECORD DTD. 2.3.1983. EXT. P3: COPY OF LETTER DTD. 23.3.1995 OF SR.SANJEEV THOMAS, SREE CHITHIRA TIRUNAL INSTITUTTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM. EXT. P4: COPY OF DISABILITY CERTIFICATE NO.43/2003 DTD. 10.1.2003. EXT. P5: COPY OF THE PHOTOGRAPH OF SHRI.DILEEP, SON OF THE PETITIONER. EXT. P6: COPY OF CERTIFICATE DTD. 24.6.2007 CHIEF MANAGER, K.S.F.E. LTD., CHINNAKKADA BRANCH, KOLLAM. EXT. P7: COPY OF LETTER DTD. 25.5.2007 ISSUED BY SECRETARY, KOTTARAKARA DISTRICT STATE TRANSPORT EMPLOYEES CO-OP. SOCIETY LTD, KOTTARAKARA. EXT. P8: COPY OF NOTICE DTD. 21.5.2007 ISSUED BY HAS ISSUED BY SECRETARY, POOYAPALLY SERVICE CO-OP. BANK LTD., KOTTARA, MEEYANNOOR. EXT. P9: COPY OF LETTER IS BY THE MANAGER MAYYANAD SERVICE CO-OP. BANK LTD. NO.2294. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.32665 of 2007(L) ======================= Dated this the 26th day of March, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation who retired on 30.4.2007. As per the scheme framed by this Court for payment of retirement benefits to retired employees of KSRTC, the petitioner has to stand in the queue in accordance with the priority date of retirement for getting retirement benefits. However, he seeks out of turn payment of retirement benefits. In view of the fact that he has a spastic child, for caring whom he need very urgent funds. He has also produced photograph of the child. After considering the facts and circumstances of the case, I am satisfied that this is an eminently fit case for issuing a direction to pay the retirement benefits due to the petitioner out of turn. By interim order dated 11.1.08, I have already directed payment of part of the amounts. The balance amount of retirement benefits due to the petitioner shall also be paid to him within W.P.(C) No.32665/2007/L --2- one month from the date of receipt of a copy of this judgment. This payment shall not be from the 10% set apart from the daily collection for payment of retirement benefits but shall be from other funds of the KSRTC. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp