IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 862 of 2009(C) ------------------------ PETITIONER(S): --------------- K.N.SUBRAMANIAN, S/O.K.M.NARAYANAN, KARUMARAPPILLY HOUSE, WEST KORATTY, THRISSUR DISTRICT (CHARGEMAN - RETIRED KSRTC ANKAMALY) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): --------------- 1. K.S.R.T.C., REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, TRIVANDRUM. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, TRIVANDRUM. 3. THE ASST. PERSONNEL OFFICER (PENSION), KSRTC, TRANSPORT BHAVAN, TRIVANDRUM. 4. THE ASST. TRANSPORT OFFICER, KSRTC, ANKAMALY. ADV.K.PRABHAKARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.862 of 2009 ================== Dated this the 27th day of January, 2009 J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.12.2008. He filed this writ petition seeking out of turn payment of DCRG and commuted value of pension for the purpose of his daughter's marriage, which was to be solemnised on 18.1.2009. He also submits that provident fund and welfare fund amounts due to the petitioner have also not been paid to him yet. 2. The learned Standing Counsel appearing for the Corporation does not dispute the fact of marriage of the petitioner's daughter. However, he submits that the Corporation may be permitted to pay the amount out of the 10 per cent set apart for payment of retirement benefits due to the retired employees of the Corporation. He submits that in some cases the Division Bench ordered so. I am of opinion that if out of turn payments are to be made from out of the 10 per cent set apart for such purpose, that would seriously affect the other retired employees who are waiting in the queue. It is not as if they do not have use for the money. They are waiting in the queue because they are forced to do so as this Court has permitted the KSRTC to postpone such payment. In fact it is a Division Bench of this w.p.c.862/09 2 Court who first stated that for out of turn payments, 10 per cent set apart for such payment of retirement benefits due to the retired employees of the Corporation cannot be made out of the 10% set apart. Although in one case the Supreme Court has stayed the said direction, still the Division Bench decision is binding on me. In the above circumstances, I dispose of this writ petition with the following directions: The DCRG and commuted value of pension due to the petitioner shall be disbursed out of turn along with the provident fund and welfare fund amounts, within one month from the date of receipt of a certified copy of this judgment. This payment shall not be from out of the 10 per cent set apart for payment of retirement benefits due to the retired employees of the Corporation, but shall be out of other funds of the Corporation. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge