IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 289 of 2011(I) ------------------------ PETITIONER(S): --------------- C.SURENDRAN, DWARAKA, TC 54/678/2, KARACKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM DISTRICT (CHIEF TRAFFIC MANAGER, KSRTC RETIRED ON 30-11-2008 CHIEF OFFICE) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM - 695023. 2. BRANCH MANAGER, STATE BANK OF INDIA, PATTAM BRANCH, THIRUVANANTHAPURAM - 695004. BY S.C. SRI.V.V.NANDAGOPAL NAMBIAR FOR R1 S.C SRI.p.v.SURENDRA NATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.289 of 2011 ---------------------------------------- Dated 13th January, 2011 JUDGMENT The petitioner who is a retiree from the Kerala State Road Transport Corporation filed this writ petition seeking issuance of a writ of mandamus commanding the first respondent to disburse the admitted DCRG and commuted value of pension. The petitioner was issued with Ext.P2 certificate by the second respondent showing his liability arising out of two loan transactions, to the tune of Rs.4,90,941/-. The petitioner is apprehending coercive steps from the part of the second respondent. It is for the purpose of discharging the aforesaid liability that the petitioner is seeking an out of turn disbursement of the benefits referred above. 2. I have heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the first respondent and the learned standing counsel for the second respondent. 3. The order of priority in the matter of disposal of the benefits referred above is being governed by the guidelines formulated pursuant to the directions in W.A.No.289 of 2001. Only in genuine cases a deviation from the aforesaid guidelines is possible. In such WP(C).No.289/2011 2 circumstances, this writ petition is disposed of with a direction to the first respondent to enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and commuted value of pension. If, on such enquiry, it is found that the reason assigned by the petitioner is genuine, the first respondent shall effect payment directly to the second respondent to discharge the liability of the petitioner arising out of the loan transactions referred to in Ext.P2. The entire exercise pursuant to this judgment for the aforesaid purpose and disbursement, in case the demand is genuine, shall be done within a period of two months. Needless to say that the balance amount shall be paid to the petitioner within the aforesaid stipulated time. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge