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. 6387 of 2009(P) ------------------------- PETITIONER(S): --------------- K.B.JOSHY, AGED 57 YEARS, S/O.K.K.BHASKARAN, KARITHARAPADAM HOUSE, NO.43, JOURNALIST COLONY, KALOOR, COCHIN-682 017 (MECHANIC, ERNAKULAM RETIRED ON 31.5.2007) BY ADV. SRI.K.P.JUSTINE SRI.PRATHEUSH.M.ANAND RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 4. THE ASSISTANT TRANSPORT OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM. 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.6387 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 31.05.2007. He seeks out of turn payment of retirement benefits for meeting the expenses for his treatment. He submits that he is a cardiac patient and he had to spent huge amount for his treatment, as a result of which he is heavily in debt. Therefore, he seeks payment of balance retirement benefits for meeting the expenses for further treatment, 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. In the above circumstances, I am satisfied that the petitioner has made out a case for out of turn payment of his DCRG and commuted value of pension. Accordingly, the respondents are directed to disburse the DCRG and commuted value of pension due to the petitioner within one month from the date of receipt of a copy of this judgment. However, I make it clear that this payment shall not be w.p.c.6387/09 2 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. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge