IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 32744 of 2008(W) -------------------------- PETITIONER(S): --------------- A.R. CHANDRAN, INSPECTOR (RTD) K.S.R.T.C, PONKUNNAM, AMBATTUPARAMBIL HOUSE, CHERUVALLY.P.O, KOTTAYAM. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPRUAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT COPRORATION, PONKUNNAM. SRI. K. PRABHAKARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.32744 OF 2008 ---------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 30.6.2006. The petitioner has now filed this writ petition seeking out of turn payment of DCRG and Commuted Value of Pension on the ground that the petitioner needs urgent funds for the marriage of his daughter proposed to be solemnized on 1.2.2009. According to the petitioner, although in W.A.No.289/2001 it has been directed that the DCRG and Commuted Value of Pension shall be paid in accordance with the priority of date of retirement , the right of the employees to get out of turn payment in very exceptional circumstances has been reserved. The petitioner submits that this is an exceptional circumstance justifying out of turn payment. 2. I have heard the learned Standing Counsel appearing for the Corporation also. The Standing Counsel does not dispute the genuineness of the claim of the petitioner. However, a W.P.(C)No.32744/08 2 Division Bench of this Court has held that such out of turn payments have to be made from other funds than the 10% set apart for payment of retirement dues as per the decision of this Court. In the above circumstances, I direct that the DCRG due to the petitioner shall be disbursed within a period of one month from the date of receipt of a copy of this judgment. However, I make it clear that such payment shall be out of other funds of the Corporation and not the 10% income set apart for payment of retirement benefits to the retired employees of the Corporation. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.32744/08 3