IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16124 of 2009(I) -------------------------- PETITIONER(S): --------------- M.S.JAYAMOHANAN NAIR,'DEVIKRIPA',NEAR DEVI TEMPLE,THALAYOLAPARAMBU.P.O,-686605, (CONDUCTOR RETIRED ON 28.02.2007-VAIKOM). BY ADV. SRI.K.P.JUSTINE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT.PO.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT PERSONAL OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-23. 4. THE SECRETARY,VAIKOM TALUK CO-OP., AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. K 951,VAIKOM. 5. THE ASSISTANT TRANSPORT OFFICER, VAIKOM. BY ADV.SRI.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16124 OF 2009 ------------------------------------------- Dated this the 15th day of June, 2009 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for K.S.R.T.C. Notice to the 4th respondent dispensed with, preserving his right to move for review of this judgment, if aggrieved. The petitioner retired on 28.2.2007, after serving the K.S.R.T.C. as a Conductor. While in service, he availed a loan from a co-operative bank for purchase of 5 cents of land and to put up a house. That was in 2004. His elder daughter was then studying for Engineering and the younger daughter in school. Owing to financial difficulties, he could not repay the entire loan and now, the residential building is brought to sale by the society. It is listed for auction on 26.6.2009. Taking this into consideration, I am satisfied that the petitioner has demonstrated that he is entitled to out of turn disbursement of the retiral benefits, viz., D.C.R.G. and Commuted Value of WPC.16124/09 Page numbers Pension. Respondents 1 to 3 and 5 are therefore, directed to disburse the D.C.R.G. and C.V.P. due to the petitioner within a period of 45 days from now and the 4th respondent is directed to defer the auction by two months from now to enable the petitioner to pay off the loan. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/6.