IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12898 of 2011(J) -------------------------- PETITIONER(S): --------------- S.MOHANAN NAIR, S/O.M.SIVASANKARA PILLAI `SIVA BHARATHI BHAVAN', VADACODE, PERUMPUZHUTHOOR P.O., NEYYATTINKARA, PIN-695 126, (DEPOT ENGINEER-RETIRED, KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE ASSISTANT PERSONAL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 4. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA, PIN-695 121. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY NO.T133, THIRUVANANTHAPURAM-695 023. BY SC SHRI.V.V.NANDAGOPALA NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12898 OF 2011 J ----------------------------------------------------------- Dated this the 3rd May, 2011. JUDGMENT The petitioner is a retired Depot Engineer from the service of the first respondent Corporation. He retired on 31-3-2011. He has filed this writ petition seeking appropriate orders for an out of turn disbursement of his retirement benefits. According to the petitioner, he has a number of liabilities that are required to be cleared immediately. He has no other source of funds to clear his liabilities other than his retirement benefits. Therefore, he seeks appropriate directions for an out of turn disbursement of his retirement benefits. The counsel for the fifth respondent submits that as on 15-9-2010 an amount of Rs.1,85,585/- is due from the petitioner to the said respondent, as per Ext.P2 award. Subsequent interest has also accrued due. Therefore, he prays that the retirement benefits due to the petitioner may be paid only after payment of amounts due to the fifth respondent as per Ext.P2. 2. The Standing counsel for the first respondent submits that the retirement benefits due to its employees are being disbursed in accordance with the guidelines stipulated by this Court in the judgment in W.A.289/2001. Since the petitioner has retired only on WPC 12898/2011 2 31-3-2011, his retirement benefits could be disbursed only after conducting an enquiry and ascertaining the genuineness of the claim that is put forward. 3. In the above circumstances this writ petition is disposed of directing the first respondent to enquire into the genuineness of the claim that is put forward by the petitioner and if the claim is found to be genuine, to disburse the retirement benefits of the petitioner to him as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Before disbursing the retirement benefits to the petitioner, the first respondent shall deduct and pay to the fifth respondent the entire amount due to it as per a statement to be furnished by the said respondent to the first respondent. K. SURENDRA MOHAN Judge jj WPC 12898/2011 3