IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 15496 of 2011(J) -------------------------- PETITIONER: --------------- M.MOHAMMED SHAFI, (VEHICLE SUPERVISOR, THIRUVANANTHAPURAM CENTRAL, RETIRED ON 30.3.2011), NAZAR MANZIL, KALATHARA, MANCHA P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. MR.K.P.RAJEEVAN RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T.133 REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. 3. KERALA STATE FINANCIAL ENTERPRISES LTD REPRESENTED BY SPECIAL DEPUTY THASILDAR (RR), REGIONAL OFFICE, SILVE JUBILEE BUILDING, STATUE, THIRUVANANTHAPURAM. ADV. MR.BABU JOSEPH KURUVATHAZHA, SC FOR R1 MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R-2 MR.E.K.NANDAKUMAR FOR R3 MR.P.BENNY THOMAS FOR R3 MR.K.JOHN MATHAI FOR R3 MR.P.GOPINATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15496 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: FREE PASS ISSUED TO THE PETITIONER DTD. NIL EXT.P2: SUMMONS DTD. 5.3.2011 RECEIVED BY THE PETITIONER FROM THE ARBITRATOR. EXT.P3: LETTER DTD. 23.5.2011 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD., THIRUVANANTHAPURAM. EXT.P4: DISCHARGE SUMMARY AND TREATMENT RECORDS DTD. 13.9.2010 TO 6.12.2010 ISSUED FROM THE HOSPITAL. RESPONDENTS' EXHIBITS: EXT.R2(a): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL-41541. EXT.R2(b): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.EGL-49068. EXTR2(c): SURETY BOND NO.5079 DTD. 20.4.2002. EXT.R2(d): CONSENT LETTER DTD. 20.4.2002 SUBMITTED BY THE PETITIONER. ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.15496 Of 2011 ---------------------- Dated this the 9th day of August, 2011. J U D G M E N T The writ petition is filed for a direction directing the 1st respondent to disburse pensionary benefits including DCRG and value of commuted value of pension with interest to the petitioner immediately. 2. The petitioner retired from service on 31.3.2011 on attaining superannuation. The retirement benefits including DCRG and Commutted Value of Pension are not disbursed to the petitioner till date. It is pointed out that the petitioner is a Cardiac patient, that he was admitted as an inpatient in the Medical College Hospital, Thiruvananthapuram, that the petitioner had spent a huge amount for treatment by availing loan. It is also said that the petitioner is still under treatment. He is in dire need of the money for his treatment and to clear off his liabilities. It is also pointed out that he has no other means other than the terminal benefits. When the matter was taken up for consideration today, the learned counsel limited his prayer to the ::2:: W.P.(C).No.15496 Of 2011 disbursement of commuted value of Pension to continue his treatments. 3. The petitioner is legally entitled to get the pensionary benefits immediately on his retirement. This Court had occasions to consider the grievance of other employees in similar matters in W.P.(C).No.24770/2010 and several other connected cases. This Court in the said judgment directed the Corporation to disburse the retirement benefits within one month from the date of receipt of a copy of the judgment. 4. For disbursement of retirement benefits to the retired employees, this Court issued directions in W.A.No.289/2001 and based on the guidelines the retirement benefits shall be disbursed strictly based on the date of retirement, unless otherwise ordered by this Court. 5. In the counter affidavit filed by the 2nd respondent Society, it is pointed out that the petitioner had availed a loan, bearing Loan No.BAL-41541, from the Society for an amount of Rs.57,000/- on 20.4.2002 with interest @ 17% per annum, repayable in 60 monthly instalments ending on 20.4.2007 by ::3:: W.P.(C).No.15496 Of 2011 direct remittance. It is further stated that the petitioner paid only Rs.47,550/- as on 20.4.2007. The Society had initiated arbitration proceedings and the same is pending. The present balance as on 2.7.2011 comes to Rs.67,884/-. 6. The petitioner submits that the 2nd respondent Society has extended the period of One Time Settlement Scheme by name Aswas-2011, for settling the loan, till 15.8.2011 and that if the loan amount is not settled by availing the OTS Scheme the petitioner will be compelled to pay huge amount by way of interest and penal amount. The petitioner limited his relief in this case to the extent of disbursement of Commuted Value of Pension for the purpose of continuing his treatment. 7. Taking into consideration the facts stated above, this Court is convinced that an early disbursement of Commuted Value of Pension is genuine. In these circumstances, this Court direct the 1st respondent Corporation to disburse the Commuted Value of Pension due to the petitioner within a period of one month from the date of receipt of a copy of this judgment. There will be a further direction to the 1st respondent Corporation to pay ::4:: W.P.(C).No.15496 Of 2011 the amount due to the 2nd respondent under Loan No.BAL-41541 in the name of the petitioner on or before 15.8.2011, so as to enable the petitioner to avail the benefit under OTS Scheme, namely, Aswas-2011 and need pay the balance amount towards the Commuted Value of Pension. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-