IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 24019 of 2010(B) -------------------------------- PETITIONER: -------------- K.BHUVANACHANDRAN NAIR RETIRED INSPECTOR, KSRTC ATTINGAL DEPOT PPO NO. RESIDING AT VISHNU, CTRA NO.38 MAMOM, ATTINGAL. BY MR.G.SUDHEER, ADVOCATE. RESPONDENT: ---------------- KERALA STATE ROAD TRANSPORT CORPORATION REP BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN TRIVANDRUM. BY MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24019 OF 2010 --------------------------------------- Dated this the 2nd day of August, 2010. J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.03.2010 as Depot Inspector. The main grievance raised in the writ petition is regarding the delay in disbursal of DCRG and commuted value of pension. 2. Learned counsel for the petitioner submitted that the petitioner and his wife Ambika Devi availed a loan of Rs.1 lakh each by standing as surety for each other, mortgaging their residential building to Edacode Service Co-operative Bank. Since the loans fell in arrears, the Bank has proceeded against the petitioner and his wife. Exhibits P2 and P3 are the demand notices issued by the Bank. Exhibit P4 is the representation submitted by the petitioner before the respondent requesting for disbursal of the pensionary benefits. It is pointed out by the petitioner that he is not in a position to raise the amount which is required for avoiding the attachment and auction of his house W.P.(C) No.24019/2010 2 and property by the Bank. 3. Heard the learned Standing Counsel for the KSRTC. It is pointed out by the learned counsel for the petitioner that the guidelines issued by this Court in W.A.No.289/2001 even though directs disbursement of the retirement benefits on the basis of seniority, the same can be varied if ordered by this Court in appropriate cases. Herein, there is a genuine ground. In that view of the matter, there will be a direction to the respondent to disburse the DCRG and commuted value of pension due to the petitioner, after conducting due enquiry, within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp