IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 349 of 2011(P) ------------------------ PETITIONER(S): --------------- V. MADHUSOODANAN NAIR, AGED 55 YEARS, S/O. VISWANATHAN THAMPI, SREEKUMARI SADANAM, PUKILOOR, KUNNATHUKAL.P.O, NEYYATINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM DISTRICT-01 2. THE ASSISTANT PERSONAL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-01 3. THE DEPUTY CHIEF ACCOUNTS OFFICER (IA), OFFICE OF THE MANAGING DIRECTOR, K.S.R.T.C THIRUVANANTHAPURAM. SRI.V.V.NANDAGOPAL NAMBIAR, STANDING COUNSEL, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.349 OF 2011 -------------------------------------------- Dated this the 14th day of January, 2011 JUDGMENT The prayer in this Writ Petition filed by a retiree from the Kerala State Road Transport Corporation is for disbursement of his pensionery benefits. It is contended that the petitioner is having Coronary artery disease and he is in urgent need of a surgery. Ext.P2 is the certificate produced to substantiate the said contention. It is further contended that the petitioner had already been served with Ext.P4 demand notice by the Kerala State Road Transport Workers Co-operative Society requiring him to pay an amount of Rs.38,865/- towards the liability on account of the loan transaction with the said society. It is in the said circumstances that the petitioner has filed this Writ Petition seeking for a direction to disburse the pensionery benefits on an out of turn basis. The order of priority in the matter of disbursement of DCRG and Commuted Value of Pension is being governed by the guidelines framed pursuant to the decision of this Court in W.A.No.289/2001. Any deviation from the same is possible only in exceptional circumstances. Therefore, the respondents are directed to W.P.(C) NO.349/2011 2 enquire into the genuineness of the claim made by the petitioner for getting an out of turn disbursement of the pensionery benefits admitted to him. If ultimately it is found that the reasons and the request made by the petitioner are genuine, the respondents shall remit the amount demanded in terms of Ext.P4 in the account maintained in the name of the petitioner with the Kerala State Road Transport Workers Co-operative Society Ltd.No.133 so as to discharge his liability. This shall be done expeditiously, at any rate, within a period of two weeks after ascertaining the genuineness of the claim made by the petitioner. If the claim made by the petitioner is found genuine, then the balance amount due, to the petitioner shall be disbursed expeditiously. At any rate, the whole exercise shall be done within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.349/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.349/2011 4