IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 28174 of 2010(V) -------------------------- PETITIONER(S): --------------- A.S.MURALEEDHARAN, S/O.SANKARAN, AGED 56 YEARS, MECHANIC (RETD), K.S.R.T.C., RESIDING AT ASARIPARAMBIL, PALLIPURATHUSSERY P.O. VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 001 REP. BY ITS CHAIRMAN & MANAGING DIRECTOR 2. THE DEPUTY CHIEF ACCOUNTS OFFICER (IA) KSRTC, THIRUVANANTHAPURAM 695001 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, VAIKOM 686 141 4. SPECIAL DEPUTY TAHSILDADR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., IK.O.VARGHESE MEMORIAL BUILDING, BAKER JN., KOTTAYAM 686 001 5. THE SECRETARY, THE VAIKOM PALLIPRETHUSSERRY SERVICE CO-OPERATIVE BANK LTD., NO.923, VAIKOM, 686606 ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R4 ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.28174/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF PENSION PAYMENT ORDER NO.42828 DATED 26.3.2010. EXT.P2. TRUE COPY OF CERTIFICATE DATED 6.6.2009 ISSUED BY THE 3RD RESPONDENT. EXT.P3. TRUE COPY OF DEMAND NOTICE RR FILE NO.SDT/KTM/6004/09-10 DATED 30.7.2010 ISSUED BY THE 4TH RESPONDENT. EXT.P4. TRUE COPY OF THE LETTER DATED 26.8.2010 OF THE PETITIONER TO THE 4TH RESPONDENT. EXT.P5. TRUE COPY OF THE REPRESENTATION DATED 28.8.2010 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P6. TRUE COPY OF THE JUDGMENT IN W.P(C)NO.37082/2009 DATED 6.1.2010. EXT.P7. TRUE COPY OF THE JUDGMENT DATED 20.7.2010 IN W.P(C)No.22585/2010 EXT.P8. TRUE COPY OF LETTER NO.KTM/6004/09-10 DTD. 6.9.2010 EXT.P9. TRUE COPY OF LETTER DTD. 28.8.2010 AGAINST LOAN NO.4148 AVAILED BY PETITIONER. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28174 of 2010 ----------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT The petitioner is a former employee of the Kerala State Road Transport Corporation, hereinafter referred to as the Corporation for short. He retired from service on 31.3.2010 on attaining the age of superannuation. While in service he had availed loans from the Kerala State Financial Enterprises and also from the Vaikom Palliprethusserry Service Co-operative Bank Ltd. After retirement payment of monthly pension was sanctioned to the petitioner. But DCRG and commuted value of pension were not sanctioned for the reason that the turn of the petitioner had not arisen. This writ petition is filed contending that large amounts are due from the petitioner to the Kerala State Financial Enterprises and the Vaikom Palliprethusserry Service Co-operative Bank Ltd; and that unless the said amounts are disbursed, the said authorities will proceed against the petitioner for realisation of the amounts due. On this ground the petitioner seeks out of turn payment of DCRG and commuted value of pension. W.P(C).No.28174 of 2010 -:2:- 2. Ext.P8 produced along with I.A.No.13004 of 2010 discloses that as on 30.9.2010 the sum of Rs.38,262/- was due from the petitioner to the Kerala State Financial Enterprises. Likewise Ext.P9 certificate issued by the Vaikom Palliprethussery Service Co-operative Bank Ltd; discloses that as on 28.8.2010 the sum of Rs.77,687/- is due from the petitioner. 3. Sri.V.V.Nandagopal Nambiar, learned standing counsel appearing for the Corporation submits that for repayment of loans this Court has permitted out of turn payment and that the Corporation will disburse DCRG and commuted value of pension expeditiously after enquiring into the genuineness and authenticity of Exts.P8 and P9. 4. In such circumstances I dispose of the writ petition with the following directions. (a) The competent officer of the Corporation shall enquire into the genuineness of the claim made against the petitioner in Ext.P8 letter and Ext.P9 certificate issued by the Kerala State Financial Enterprises and the Vaikom Palliprethussery Service Co-operative Bank Ltd., respectively. (b) If after such enquiry the Corporation is satisfied that the amounts referred to therein are payable by the petitioner, the Corporation shall take steps to pay the amounts mentioned in Exts.P8 W.P(C).No.28174 of 2010 -:3:- and P9 together with interest to the Kerala State Financial Enterprises and the Vaikom Palliprethussery Service Co-operative Bank Ltd. Such payment shall be made within two months from today. (c) The balance amount, if any, payable to the petitioner either by way of DCRG or commuted value of pension shall be disbursed to him within the said period. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28174 of 2010 ---------------------------- JUDGMENT 27th September, 2010