IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 14744 of 2011(P) ---------------------------------------- PETITIONER(S): --------------------- G.PRABHA KUMAR, UTHRADOM, NRA-G 46, NEDUMBARAM LANE, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT, (STATION MASTER, PEROORKADA DEPOT, RETIRED ON 31/3/2010). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695023. 2. ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE-RASMECC, CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC R2 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.14744 of 2011 ---------------------------------------- Dated 8th June, 2011 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.03.2010. This writ petition has been filed mainly with the prayer for out of turn disbursement of the pensionary benefits including DCRG and Commuted value of pension. 2. I have heard the learned counsel appearing for the petitioner and also the learned standing counsel for the first respondent. 3. Disbursement of retirement benefits in the Kerala State Road Transport Corporation is being effected in terms of the directions in W.A.No.289/2001 and a deviation from the same is permissible only in exceptional circumstances. To show existence of such circumstances the petitioner has produced Ext.P2 notice issued by the 2nd respondent bank for recovering an outstanding liability of Rs.2,02,115/- with interest. The petitioner apprehends coercive action from the part of the 2nd respondent in case of failure to satisfy the demand as per Ext.P2. The learned standing counsel for the first respondent submitted that the genuineness of the said contentions would be enquired into. It is further submitted that in case it is ultimately found that the request of the petitioner is genuine, all the pensionary benefits would be disbursed to him WP(C).No.14744/2011 2 expeditiously. In view of the aforesaid submission made by the learned standing counsel for the first respondent, this writ petition is disposed of as hereunder:- The first respondent shall enquire into the genuineness of the request and the reasons made by the petitioner for the purpose of getting an out of turn disbursement of the pensionary benefits, that is, in deviation from the directions of this Court in W.A.No.289 of 2001. In case it is found that the request made by the petitioner is genuine, all the amount due to the petitioner towards the pensionary benefits including DCRG shall be disbursed to him within six weeks. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge