IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 33270 of 2007(I) -------------------------- PETITIONER: ------------ N.CHANDRASEKHARAN, S/O NARAYANAN, AGED 56 YEARS, MECHANIC SPECIAL GRADE(RETD), KSRTC, KOTTARAKKARA AND RESIDING AT NEENA BHAVAN, MARUTHAMONPALLY, POOYAPPALLY P.O., KOTTARAKKARA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, KOTTARAKKARA. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, POOYAPPALLY BRANCH, KOLLAM-691537. 4. THE SECRETARY, POYAPPALLY CO-OPERATIVE BANK LTD. NO.3964, POOYAPPALLY P.O., KOTTARAKKARA. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.33270 of 2008 ================== Dated this the 26th day of February, 2008 J U D G M E N T The petitioner is a retired employee of the KSRTC, who retired on 31.1.2007. He has filed this writ petition seeking out of turn payment of DCRG and commuted value of pension as also provident fund and staff welfare fund amounts due to the petitioner. The contention of the petitioner is that petitioner's properties are going to be attached and sold for default in repayment of loan amounts taken from the State Bank of Travancore, Pooyappally Branch. He also submits that he has to pay defaulted instalments of premium to the Life Insurance Corporation of India, Kottarakkara Branch, failing which the policies would lapse. The petitioner submits that since the Division Bench has already held that in deserving cases out of turn payments can be made, the respondents may be directed to pay to the petitioner DCRG and commuted value of pension in addition to other amounts due. By interim order dated 30.11.2007 I had already directed the respondents to pay to the w.p.c.33270/07 2 petitioner provident fund amounts and staff welfare fund amounts due to the petitioner within a period of one week. The petitioner submits that the amounts received pursuant thereto have already been utilised for paying off other debts due as per Exts.P4 and P5. 2. The learned Standing Counsel appearing for the KSRTC submits that they cannot pay amounts otherwise than in accordance with the Division Bench decision which directs payment of retirement benefits strictly in accordance with the priority of the date of retirement. However, he does not dispute the genuineness of the claim of the petitioner regarding the debts due from the petitioner as stated above. 3. After hearing both sides, I am satisfied that the petitioner has made out a case for out of turn payment in view the threat of coercive action for recovery of the amounts due as above. In the above circumstances, the respondents are directed to issue a cheque for Rs.1,91,491/- to the State Bank Travancore, Pooyappally Branch, towards repayment of loan amounts due from the petitioner to the bank. The respondents shall also forward a cheque for Rs.38,178/- to the Life Insurance w.p.c.33270/07 3 Corporation of India, Kottarakkara Branch, towards payment of premium in respect of policies mentioned in Ext.P7. The above amounts shall be deducted from the petitioner's DCRG and commuted value of pension. The cheques shall be forwarded within two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge