IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29930 of 2011(M) ------------------------------------- PETITIONER: ------------------- P.S. PRADEEP, INSPECTOR (RETD.31.03.2011) KATTAPPANA, PRASANNA NIVAS, PADIYATHU HOUSE, (PADIYAZHAKATH) CHINNAR, 4TH MILE, ELAPPARA.P.O., IDUKKI. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O. THIRUVANANTHAPURAM-695 023. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAPPANA-685 508. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM WP(C).No. 29930 of 2011(M) -------------------------------------------- APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PAGE NO.1 OF PPO NO.45162 ISSUED TO THE PETITIONER. P2 : COPY OF THE LETTER DATED 01.09.2011 FROM THE KSFE PONKUNNAM UNIT. P3 : COPY OF RR NOTICE DATED 28.02.2011 FROM THE KSFE. P4 : COPY OF RR NOTICE DATED 28.02.2011 FROM THE KSFE. P5 : COPY OF CERTIFICATE DATED 26.09.2011 FROM FEDERAL BANK. P6 : COPY OF MARKS LIST FOR THE FINAL YEAR B.PHARM EXAM. P7 : COPY OF JUDGEMENT OF THE HONOURABLE COURT IN WP(C) 20670/11 DATED 28.07.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.29930 Of 2011 ---------------------- Dated this the 10th day of November, 2011. J U D G M E N T Heard the learned counsel for the petitioner and standing counsel for the Corporation. 2. The writ petition is filed for a direction commanding the respondents to sanction and disburse the DCRG and CVP due to the petitioner so as to enable the petitioner to settle the liability due towards Kerala State Financial Enterprise and Federal Bank as per Exts.P2 and P5 immediately. 3. The petitioner retired from the service of the 1st respondent Corporation as Inspector on 31.3.2011. The terminal benefits namely, DCRG and CVP etc are pending payment. The petitioner while in service availed a chitty loan from the KSFE, Ponkunnam Branch. Now, the KSFE had initiated proceedings for realisation of the defaulted amount by initiating proceedings under the Revenue Recovery Act. True copy of the notices issued by the KSFE is marked as Exts.P2 to P4. The amount due to the KSFE as per the notices is Rs.3,40,000 + interest. It is pointed out that 40.47 Ares of land owned by the petitioner is the property mortgaged for availing the loan. The petitioner's ::2:: W.P.(C).No.29930 Of 2011 daughter also availed an educational loan from the Federal Bank, Upputhara Branch for undergoing B.Pharm course in Amritha School of Pharmacy in Amrutha Viswa Vidyapeedom, Ernakulam. The petitioner and his wife are the sureties to the said loan. The total loan amount due to the bank on that account is Rs.4,24,544/-. It is submitted that the petitioner's daughter is not employed so far. Ext.P5 is the certificate issued by the Federal Bank certifying that Rs.4,24,544/- is the amount due from petitioner's daughter, and her parents. The petitioner submits that the petitioner's family consists of his wife and two daughters and none of them are employed. It is pointed out that disbursement of terminal benefits is likely to be delayed considering the date of retirement in view of the guidelines issued by this Court in W.A.No.289/2001. The only source for settling the liability of the KSFE and Federal Bank is the pensionary benefits due from the respondent Corporation. In these circumstances, the writ petition is filed seeking the aforesaid reliefs. ::3:: W.P.(C).No.29930 Of 2011 4. This Court had occasion to consider the grievance of other employees in similar matters and issued directions to the respondent Corporation to disburse the retirement benefits within one month from the date of receipt of a copy of the judgment. 5. The disbursement of retirement benefits is governed by the directions issued by the Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on the date of retirement unless otherwise ordered by this Court. 6. Taking in to account the facts and circumstances narrated in the writ petition and Exts.P2 to P5, this court is convinced that the reason stated for an early disbursement of retirement benefits is genuine. In these circumstances, the writ petition is disposed of with a direction to the respondent corporation to disburse DCRG and CVP due to the petitioner within a period of one month from the date of receipt of copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-