IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 33298 of 2008(L) -------------------------- PETITIONER(S): --------------- S.DIVAKARAN ASSARY REVATHY, KOCHUKONAM [AZHAYAKUNNUMMEL, CHIRAVINKEEL, TRIVANDRUM NOW R/AT.SAJIM MANZIL PALLIMUKKU KADAKYAL, KOLLAM. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION REP. BY IOTS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. SRI. JOHNSON P. JOHN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33298 OF 2008 ---------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation who retired from service on 31.5.2007. In this writ petition, he seeks payment of his retirement benefits before his turn as per the date of priority of retirement on the ground that for conducting the marriage of his two daughters, he had to sell all his properties and he is heavily indebted. The stress and strain had made him a heart patient and he needs large amounts for his treatment also. I had directed the learned Standing Counsel to get instructions as to whether the claim of the petitioner is genuine. The learned Standing Counsel submits that on enquiry it was found that the claim of the petitioner is genuine. It is settled law that for treatment of serious diseases out of turn payment can be ordered as per the Division Bench decision on the subject. In the above circumstances, I direct the respondent to disburse the DCRG due to the petitioner, within one month from W.P.(c)No.33298/08 2 the date of receipt of a copy of this judgment. However, I make it clear that such payment shall not be out of the 10% of the income set apart for payment of retirement benefits, but shall be out of other funds of the Corporation. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.33298/08 3