IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 37782 of 2007(W) -------------------------- PETITIONER: ---------------- P.G.MOHANAN, AGED 57, S/O.GOPALAN, PONNENCHERRY HOUSE, OLANAD, ALANGADU P.O. N.PARUR. (CONDUCTOR, RETIRED, KSRTC, ALUVA). BY ADV. SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENTS: ------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, K.S.R.T.C., ALUVA. 3. SECRETARY, PARUR GOVERNMENT SERVANTS CO-OPERATIVE BANK LTD., NO.E.123, N.PARUR. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.SIRAJ KAROLY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37782 of 2007 APPENDIX EXT.P1: COPY OF THE RELIEVING ORDER DATED 27.10.2005. EXT.P2: COPY OF THE DISCHARGE CERTIFICATE DATED 16.8.99. EXT.P3: COPY OF THE BILLS. EXT.P4: COPY OF THE SCAN REPORT AND DISCHARGE CARD. EXT.P5: COPY OF THE MEDICAL BILLS IN CONNECTION WITH THE SURGERY. EXT.P6: COPY OF THE MEDICAL CERTIFICATE DATED 13.3.2006. EXT.P7: COPY OF THE PAYMENT RECEIPT DATED 10.8.2005. EXT.P8: COPY OF THE PHOTOGRAPH. EXT.P9: COPY OF THE PETITION BY THE BANK BEFORE THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, N. PARUR. EXT.P10: COPY OF THE ARBITRARION AWARD DATED 4.9.2007. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37782 OF 2007 ---------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation who retired on 31.10.2005. Since as per the Division Bench decision of this Court DCRG and Commuted Value of Pension can be disbursed only in accordance with the date of priority of retirement, the petitioner has not been paid his DCRG and Commuted Value of Pension. In the meanwhile the 3rd respondent has proceeded against the petitioner for recovery of loan amounts due from the petitioner. The petitioner therefore seeks out of turn payment of his retirement benefits so as to save his property from attachment and sale as threatened by the 3rd respondent. 2. The learned standing counsel for the KSRTC submits that they cannot disburse the retirement benefits except in accordance with the Division Bench decision of this Court. The learned counsel appearing for the 3rd respondent submits that as on today the amounts due from the petitioner towards repayment W.P.(c) No2 of loan amount is Rs.75,383/-. The learned counsel for the petitioner submits that this amount has been calculated without taking into account the one time settlement for which the petitioner is entitled to. 3. Having heard all the parties, I am of opinion that the petitioner has made out a case for out of turn payment of the above amount. Accordingly, the writ petition is disposed of with the following directions: The 1st respondent shall forward a cheque for Rs.75,383/- to the 3rd respondent within two weeks from the date of receipt of a copy of this judgment. This amount shall be adjusted against the DCRG and Commuted Value of Pension due to the petitioner. This is without prejudice to the right of the petitioner to seek one time settlement before the 3rd respondent in accordance with the Scheme, if applicable. If the petitioner succeed in getting any reduction in payment of interest or other amounts, the balance amount shall be refunded to the petitioner by the 3rd respondent. S. SIRI JAGAN, JUDGE Acd W.P.(c) No3