IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 310 of 2008(J) ------------------------ PETITIONER: ------------ N.SUKUMARAN NAIR.N,(INSPECTOR OF KSRTC, NEDUUMANGAD, RTD. ON 31.5.2007) GEETHA VIHAR TC 36/874, OPPOSITE UPS PALKULANGARA, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: ------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. ASSISTANT TRANSPORT OFFICER KSRTC, NEDUMANGAD DEPOT 3. KERALA STATE FINANCIAL ENTERPRIESES LTD REPRESENTED BY ITS MANAGER, THIRUVANANTHAPURAM LOAN UNIT, THIRUVANANTHAPURAM. 4. SPECIAL DEPUTY TAHSILDAR (RR) K.S.F.E. LTD, NEYYATTINKARA. BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. SRI.E.K. NANDAKUMAR – SC K.S.F.E. LTD. GOVERNMENT PLEADER SRI. A.J. VARGHESE. SRI. JOHNSON P. JOHN – SC KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.310 OF 2008 ---------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT The petitioner is a former employee of the Kerala State Road Transport Corporation who retired from service on 31.5.2007. He has not been paid his retirement benefits like DCRG, commuted value of pension etc on account of the fact that a Division Bench decision of this Court has permitted the KSRTC to pay the retirement benefits of its employees in accordance with the priority of date of retirement. The petitioner now submits that in view of the fact that his properties are under threat of attachment and sale as evidenced by Ext.P2, his case may be considered for out of turn payment as is permitted by the Division Bench itself in appropriate cases. The amounts are due from the petitioner to the 3rd respondent – Kerala State Financial Enterprises Ltd. 2. Learned counsel for the KSFE submits that an amount of Rs.1,93,543/- is due from the petitioner to them, for realisation of which only Ext.P2 has been issued by the 4th W.P.(c)No.310/08 2 respondent to the petitioner. 3. After hearing all concerned I feel that in so far as the petitioner is under threat of losing his property, if the amount is not paid, the petitioner has made out a case for out of turn payment as permitted by the Division Bench itself. 4. Accordingly I direct respondents 1 and 2 to pay to the 3rd respondent directly an amount of Rs.1,93,543/- from out of the DCRG and commuted value of pension due to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. Needless to say, the petitioner would be entitled only to the balance amount out of his DCRG and commuted value of pension in accordance with the priority of date of retirement. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.310/08 3