IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 17657 of 2008(L) ---------------------------------------------- PETITIONER: ------------------ K. ABRAHAM, VADAKKANETH HOUSE, PATHIRIKKAL.P.O, PATHANAPURAM, KOLLAM DT. (DRIVER, RET. ON 31/12/2006 FROM PUNALUR DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT: -------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, TRIVANDRUM-23. BY SHRI K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 17657 OF 2008 B -------------------------------------- Dated this the 11th July, 2008 JUDGMENT Petitioner retired from the service of the respondent Corporation while working as a Driver on 31.12.2006. He has approached this Court seeking out of turn payment of DCRG and Commuted Value of Pension for clearing his liabilities. According to petitioner, he is financially poor and his wife is unemployed. Petitioner had to avail a joint loan of Rs.2,50,000/= from the State Bank of Travancore for sending his daughter for B.Sc. Nursing Course at the Indian College of Nursing, Bellary, Karnataka. Ext.P2 is produced showing that an amount of Rs.3,41,527/= is outstanding. It is the petitioner's case that his daughter has completed her Course and an amount of Rs.54,000/= towards fees, is to be cleared by her. It is stated that though she has completed the Course, the College Authorities have detained her SSLC and Plus II Cedrtificates WPC. 17657/08 B 2 and the same would be returned to her only on remitting the balance fee. As a result, she is not able to apply for a job. Ext.P3 is produced as the Certificate showing the balance fee issued by the College. Heard the learned standing counsel appearing for the respondent Corporation also. 2. Having regard to the facts present in this case, I feel that in the interest of justice, the following order should be passed. Accordingly, the Writ Petition is disposed of as follows: There will be a direction to the respondent to conduct an enquiry regarding the genuineness of the petitioner's claim based on Ext.P3 and it should be concluded within two weeks from the date of receipt of a copy of this Judgment. If the claim of the petitioner is found to be genuine, there will be a further direction to the respondent to pay to the petitioner a sum of Rs.54,000/= (Rupees Fiftyfour Thousand) from out of the DCRG due to him in accordance with law, within a period of one month from the WPC. 17657/08 B 3 date on which the enquiry is concluded. This Order need be complied with only if there is no liability which has to be satisfied by the petitioner from out of his DCRG. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge