IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WA.No. 208 of 2009() -------------------- (AGAINST THE JUDGMENT DT. 17.12.2008 IN WPC 35529/08) APPELLANT(S): (RESPONDENTS IN WPC --------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, FORT.P.O,THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER,KSRTC, ALUVA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT(S): PETITIONER IN THE WPC ------------------------------------ T.M.VARGHESE,S/O.T.C.MATHAI, THENUMOOLAYIL HOUSE,PAZHAMTHOTTAM.P.O, PIN-683565,ERNAKULAM DISTRICT.(INSPECTOR, RETIRED ON 28.022006 FROM KANNOOR). THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.208 of 2009 ---------------------------------------------- Dated 29th January, 2009. J U D G M E N T Kurian Joseph, J. Appellant/Kerala State Road Transport Corporation is the respondent in W.P.(C) No.35229/08. It is aggrieved by the direction issued by the learned Single Judge to disburse the retirement benefits to the writ petitioner overlooking the priority, observing also that the disbursement shall not be out of the 10% earmarked for disbursement of the retirement benefits. We are afraid, in view of the direction issued by the Division Bench of this Court and by the Apex Court with regard to the disbursement of the retirement benefits, this court will not be justified in issuing such a direction. The disbursement of the retirement benefits to the employees of the KSRTC is to be made, as per the decisions referred to above, out of the 10% of the income set apart specifically for the same, unless otherwise permitted by the Supreme Court, since the Supreme Court is now in seizin of the entire issue. The learned Single Judge having found that the petitioner is entitled for an out of turn treatment, we direct the appellant to disburse the benefits as directed by the learned WA NO.208/09 2 Single Judge from out of the 10% set apart for disbursement of the retirement benefits, within ten days from the date of production of a copy of the judgment by the petitioner. Subject to the above modification, the Writ Appeal is disposed of. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.208 of 2009 ---------------------------------------------- J U D G M E N T Dated 29th January, 2009.