IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 24871 of 2009(D) -------------------------- PETITIONER(S): --------------- S.SASIDHARAN, AGED 56 YEARS, S/O.J.SETHU, ANUGRAHA BHAVAN, PUTHUVILA PUTHENVEEDU, OLIPPUNADA, NARUVAMMOODU P.O., PALLICHAL, THIRUVANANTHAPURAM, (MECHANIC, RETIRED ON 30.11.2008 FROM VIZHINJAM DEPOT). BY ADV. SRI.K.P.JUSTINE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASST. TRANSPORT OFFICER, VIZHINJAM. 4. THE DEPUTY COLLECTOR AND CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 5. THE KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY AT THIRUVANANTHAPURAM. 6. THE SECRETARY, KST WORKER'S CO-OP. SOCIETY LTD., NO.T.133, THIRUVANANTHAPURAM. R1 TO R3 BY ADV.JOHNSON P.JOHN, S.C. R4, R5 BY ADV.POOVALLY M.RAMACHANDRAN NAIR R6 BY ADV. SRI.N.UNNIKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24871 OF 2009 ------------------------------------------- Dated this the 14th day of September, 2009 JUDGMENT 1.The petitioner retired from the service of the Kerala State Road Transport Corporation on 30.11.2008. He seeks a direction for out of turn payment of D.C.R.G. and Commuted Value of Pension on the ground that distress action has been taken for recovery of loan amounts due from him to the 5th respondent, Kerala State Housing Board and that amounts are due to the 6th respondent co-operative society also. 2.The 6th respondent has placed a counter affidavit on record. 3.In so far as the dues to the 5th respondent Housing Board is concerned, it is shown that revenue recovery steps have been taken for recovery of a amount of Rs.2,39,103/- as on 1.12.2008. WPC.24871/09 Page numbers 4.The uncontroverted statement in the counter affidavit of the 6th respondent is that an amount of Rs.70,334/- is due. Such amounts are due under an arbitration award which is pending execution. 5.Taking the aforesaid facts and circumstances into consideration and also the fact that the retiral benefits due to the petitioner in terms of Ext.P1 appears to be not much beyond the total outstandings due from him to respondents 5 and 6, it is ordered that the retiral benefits due to the petitioner by way of D.C.R.G. and C.V.P shall be released from out of the 10% of the collections earmarked for KSRTC for such purpose in terms of the directions of the Division Bench of this Court, within a period of four weeks from the date of receipt of a copy of this judgment. The writ petition is allowed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.14/9.