IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 5206 of 2009(U) ------------------------- PETITIONER(S): --------------- YOHANNAN K.M., S/O.MATHAI, BINU COTTAGE, CHOORAKODE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 3. THE ASSISTANT ACCOUNTS OFFICER,(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, FORT P.O., THIRUVANANTHAPURAM - 23. 4. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ADOOR. ADV.JOHNSON P.JOHN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5206 of 2009 ================== Dated this the 11th day of March, 2009 J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation. He retired from service on 31.10.2006. He claims that he is a chronic diabetic patient and his left leg has been amputated as evidenced from Ext.P2 medical certificate. He had to incur heavy debt for the treatment expenses. He would also submit that he requires more money for continuing the treatment, for which he does not have any other means of income except his retirement benefits. Therefore, he seeks a direction to the respondents to pay to him his DCRG and commuted value of pension out of turn. 2. I have heard the learned Standing Counsel appearing for the Corporation also. He does not dispute the genuineness of the claim of the petitioner. 3. A Division Bench of this Court has already held that out of turn payment of DCRG and commuted value of pension can be considered for treatment of retired employees of the KSRTC and their spouses. Since the the petitioner has made out a case for out of turn payment for meeting his treatment expenses, I allow this writ petition directing the respondents to disburse to the petitioner his DCRG and commuted value of pension within one month from the date of receipt 2 of a certified copy of this judgment. However, I make it clear that this payment shall not be out of the ten per cent set apart for paying off the retirement benefits in accordance with the priority of the date of retirement, but shall be out of other funds of the Corporation. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge