IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9506 of 2009(G) -------------------------------- PETITIONER(S): --------------- R.MONIYAN ACHARY, (ATO, KSRTC, ERATTUPETTA, RETIRED ON 30.06.2007) NADAYIL KIZHAKKETHIL, KRISHNAPURAM, OCHIRA. BY ADV. MR.K.P.RAJEEVAN RESPONDENT(S): ------------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. MR. JOHNSON P. JOHN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 9506 OF 2009 ---------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation. In this writ petition, he seeks a direction to the respondent to pay him retirement benefits out of turn to satisfy Ext.P2 judgment of this Court in Criminal Revision Petition No.3992/2008 arising from proceedings in a criminal case under Section 138 of the Negotiable Instruments Act. 2. I have heard the learned Standing Counsel for the Kerala State Road Transport Corporation also. 3. A Division Bench of this Court has held that out of turn payment can be made only for marriage expenses of daughters and treatment expenses of the retired employees and their spouses. It has also been held that out of turn payment cannot be entertained for paying off debts. Here, the criminal case under Section 138 of the Negotiable Instruments Act arose only W.P.(C)No.9506/09 2 because the petitioner has not paid his debts. Therefore essentially what the petitioner seeks is out of turn payment for paying off his debt, which cannot be permitted. In the above circumstances, the claim of the petitioner for out of turn payment cannot be entertained in view of the Division Bench decision. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.9506/09 3