IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 7061 of 2008(N) ------------------------- PETITIONER: ------------ V.GOPINATHAN NAIR PUNNAVILA PUTHEN VEEDU, OOKKODU, P.O.KALLIYOOR THIRUVANANTHAPURAM DISTRICT (DRIVER, RETIRED ON 31-05-2006 FROM PEROORKADA DEPOT) BY ADV. SRI.R.GOPALAKRISHNAN (SREEVALSAM) SRI.N.SASIDHARAN UNNITHAN RESPONDENTS: ------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM, PIN: 695023. BY SRI. K. PRABHAKARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.7061 OF 2008 ---------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The petitioner retired from service of the Kerala State Road Transport Corporation on 31.05.2006. He is seeking out of turn payment of his DCRG and Commuted Value of pension for paying off loan liability as evidenced from Ext.P1. 2. I have heard the learned standing counsel appearing for the Corporation also. Although the petitioner has to stand in the queue in accordance with the date of priority of retirement for receiving DCRG and Commuted Value of Pension, as per the Scheme framed by this Court, the Division Bench had recognised out of turn payment in appropriate cases. In this case, the petitioner is threatened with coercive recovery proceedings for loan amounts due from him to the Pallichal Farmers Service C- operative Bank as evidenced by Ext.P1. Therefore, I am satisfied that the petitioner has made out a case for out of turn payment of atleast the amounts due as per Ext.P1. Accordingly, the writ petition is disposed of with the following directions. W.P.(c)No.7061/2008 2 The respondent shall forward a cheque for Rs.52,265/- to the Pallichal Farmers Service Co-operative Bank Ltd. No.T.677, Vedivachancoil within two weeks from today. The said amount shall be adjusted against the DCRG and Commuted Value of Pension due to him. However, I make it clear that such payment shall not be out of the 10% fund set apart for paying the retirement benefits due to retired employees in accordance with the scheme framed by this Court and the respondent shall pay the same from out of other funds of the KSRTC. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.7061/2008 3