IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13079 of 2009(D) -------------------------- PETITIONER: --------------- K.T.JOSEPH KUZHIVELIL HOUSE, NAYARAMBALAM P.O., ERNAKULAM DISTRICT, MECHANIC RETIRED ON 31.01.2008 ERNAKULAM BY ADV. MR. K.P.JUSTINE RESPONDENTS: --------------- 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 PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O.,THIRUVANANTHAPURAM 23 4. THE DISTRICT TRANSPORT OFFICER ERNAKULAM. BY MR. JOHNSON P. JOHN, STANDING COUNSEL FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, ALONG WITH WP(C) NO. 13205 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13079 OF 2009 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE PENSION PAYMENT ORDER NO.41137 DT. 13.3.2009 EXT.P2 : TRUE COPY OF THE NOTICE NO. 701/256 DATED 2.2.09 ISSUED BY THE ERNAKULAM DISTRICT CO-OPERATIVE BANK EXT.P3 : TRUE COPY OF THE NOTICE NO. 1810/1 AND 1811/1 DATED 5.2.2009 ISSUED BY THE NAYARAMBALAM SERVICE CO-OPERA- TIVE BANK. EXT.P4 : TRUE COPY OF THE JUDGMENT DATED 26.2.2008 IN W.P. © NO. 4701/2008 OF THIS HONOURABLE COURT /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) Nos. 13079 of 2009 and 13205 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of May, 2009 JUDGMENT The petitioners have approached this Court seeking for a direction to disburse the DCRG and Commutation Value of Pension on an 'out of turn' basis stating that they have been confronted with adverse consequence in view of the coercive proceedings being taken by the Creditors/Financial Institutions against the petitioner in WP(C) No. 13079 of 2009 and in view of marriage of the daughter of the petitioner in WP (C) No. 13205 of 2009, which is scheduled to be held on 25.5.2009. 2. The learned counsel for the petitioners submits that petitioner in WP(C) No. 13079 of 2009 retired from the service of the K.S.R. T.C. on 31.1.2008 and the petitioner in WP (C) No. 13205 of 2009 retired from the service on 31.5.2008. The counsel for the respondent Corporation submits that the grievances projected by the petitioners can be considered subject to the condition that the reasons pointed out by the petitioners are genuine in all respects. 3. In the above facts and circumstances, the respondent Corporation is directed to ascertain the genuineness of the claim put forth by the petitioner and on finding the grievance as genuine, the WP (C) Nos. 13079 of 2009 and 13205 of 2009 : 2 : respondent shall disburse a sum of Rs. 1,34,951/- to the concerned creditors as projected in paragraph 5 of the WP(C) No. 13079 of 2009 within a period of one month. In the case of the petitioner in WP (C) No. 13205 of 2009, the entire benefits shall be disbursed to the said petitioner within a period one month. Both the writ petitions are disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd