IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13762 of 2009(M) ------------------------------------------ PETITIONER(S): ------------------------ P.RAJU, PAIKKATTIL HOUSE, PUTHUPADY P.O., KOZHIKODE (ASST.TRANSPORT OFFICER, K.S.R.T.C., THOTTIPPALAM, RETIRED ON 30/06/2007). BY ADVS. MR.ANANDARAJAN.N., MR.K.K.MANGALANANDAN. 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 & CHIEF ACCOUNTS OFFIER, K.S.R.T.C., TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM – 23. 3. THE ASSISTANT PERSONNEL OFFICER (PENSION), K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM – 23. 4. THE FEDERAL BANK LIMITED., ALUVA, REPRESENTED BY ITS CHIEF MANAGER, REGIONAL OFFICE, FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE – 676 016. R1 TO R3 BY ADV. MR. K.PRABHAKARAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.13762 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2009. JUDGMENT 1.Petitioner retired from the service of the first respondent on 30.6.2007. On account of failure to repay a housing loan of Rs.5 lakhs availed on 1.3.2004 and additional housing loan of Rs.75,000/- availed on 18.2.2006, the Federal Bank is stated to have initiated proceedings under the SARFAESI Act. Under such circumstances, the petitioner attempts to point out that he is facing distress action and hence, should be treated for out of turn release of DCRG and CVP in terms of the directions of the Apex Court and of this Court which require the KSRTC to earmark 10% of its daily collection for release of DCRG and CVP to the retired employees of KSRTC on the basis of seniority with reference to the respective date of retirement. Those directions WP(C)13762/09 -: 2 :- also include a term that with the orders of this Court, out of turn release could be made in favour of persons who are shown to be in immediate need of the funds. 2.Under normal circumstances, health reasons, marriage of daughters and other matters are taken into consideration in passing orders in such matters in favour of the employees who seek out of turn release of retiral benefits. But, in the case in hand, the petitioner had obviously known that his retirement date is 30.6.2007. The seniority principle to regulate the release of retiral benefits had been governing the retired employees of KSRTC for quite some time and in the normal course, it is likely to continue for at least a couple of years more since, as of now, in the regular course, retiral benefit has been released to employees who have retired up to 2006. If the petitioner, having been aware of these facts, took the risk of availing a housing loan of Rs.5 lakhs on 1.3.2004 and a further WP(C)13762/09 -: 3 :- additional housing loan of Rs.75,000/- on 18.2.2006, I am sure that he was running a risk, if he wanted to repay the loan entirely from the retiral benefits. The petitioner does not say that he had been regularly paying the EMIs of the housing loan. Obviously, he had not. That is why the bank has initiated SARFAESI Act proceedings. The situation in hand is one created by the petitioner and his own making cannot be projected as an immediate need which should pursue this Court to come out with an order for out of turn release of DCRG and CVP to the petitioner, ignoring the very senior ones in the queue. For the foregoing reasons, the writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250509