IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 25801 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------- B.RAJASEKHARAN NAIR, 56 YEARS, S/O.LATE K.G.BALAKRISHNAN NAIR, STORE ASSISTANT (RETD), K.S.R.T.C., AND RESIDING AT LEJA BHAVAN, NAJAKUNILAM, VALLIKKODE - KOTTAYAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE DIRECTOR (VIGILANCE) K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 4. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., KANNUR. BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25801/2010 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.VLC-3/041592/2007 DTD. 20/01/2009. P2: COPY OF REPRESENTATION DTD. 26/07/2010 SUBMITTED BY THE PETITIONER. P3: COPY OF INTERIM ORDER DTD. 17/08/2010 IN WP(C) NO.25801/2010 (A). P4: COPY OF LETTER DTD. 19/08/2010 SENT BY COUNSEL FOR THE PETITIONER. P5: COPY OF LETTER DTD. 2/09/2010 SENT BY COUNSEL FOR THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25801 OF 2010 -------------------------- Dated this the 26th day of November, 2010 J U D G M E N T The petitioner is a former employee of the Kerala State Road Transport Corporation (hereinafter referred to as the 'Corporation' for short). By Ext.P1 order dated 20.1.2009, he was compulsorily retired from service with 10% reduction in pension, with immediate effect. The grievance voiced by he petitioner in this writ petition is that though nearly 22 months have passed after he was compulsorily retired from service, the DCRG and commuted value of pension has not been disbursed to him. In this writ petition, the petitioner seeks payment of DCRG and commuted value of pension within a time limit to be fixed by this Court. Relying on rule 6(a) of Part-III, KSR which applies to the Corporation, it is contended that the punishment of compulsorily retirement from service does not debar payment of DCRG. 2. By virtue of the interim order passed by this Court on 17.8.2010, the petitioner is now being paid pension. Sri. N.Unnikrishnan, the learned counsel for the petitioner however submits that the petitioner's wife has informed him that the petitioner is hospitalised following renal failure and that the petitioner is WPC No.25801/2010 2 sinking. He submits that in such circumstances, the respondents may be directed to sanction and disburse DCRG to the petitioner overlooking the rule of priority. Though this writ petition was filed on 16.8.2010, till date the respondents have not filed a counter affidavit disputing the entitlement of the petitioner to receive DCRG. In such circumstances, I dispose of this writ petition with a direction to the respondents to enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and disburse the same to him expeditiously and in any event within two weeks from the date on which the petitioner's wife produces a copy of this judgment before the Managing Director of the Corporation. P.N.RAVINDRAN, (JUDGE) vps WPC No.25801/2010 3 WPC No.25801/2010 4 WPC No.25801/2010 5 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25801 OF 2010 -------------------------- Dated this the 22ndday of September, 2010 O R D E R Sri.N.Unnikrishnan, the learned counsel appearing for the petitioner submitted that the interim order passed by this Court on WPC No.25801/2010 6 17.8.2010 directing the respondents to grant provisional pension to the petitioner within 10 days has not been complied with. In my opinion, if any one among the respondents have flouted the direction of this Court, the remedy of the petitioner is to move this Court under the Contempt of Courts Act for proceeding against such persons. I therefore find no grounds to pass a further order directing respondents to pay provisional pension to the petitioner. Post the writ petition after a month. P.N.RAVINDRAN, (JUDGE) vps WPC No.25801/2010 7