IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 13802 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------ N. GOPALAKRISHNA ASSARI, ANIL BHAVAN, MELEKUNDARAVILAKOM, ANTHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT (COACH BUILDER, K.S.R.T.C, CENTRAL WORKS PAPPANAMCODE - RETIRED ON 31/10/2007) BY ADV. MR.ANANDARAJAN.N RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, K.S.R.T.C, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 3. THE ASSISTANT PERSONNEL OFFICER (PENSION), K.S.R.T.C, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 23. 4. THE MECHANICAL ENGINEER (WORKS), K.S.R.T.C, CENTRAL WORKS, PAPPANAMCODE. 5. THE KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 6. THE ACCOUNTS OFFICER, KERALA STATE HOUSING BOARD, BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM. 7. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. R1 TO R4 BY ADV. MR. JOHNSON P.JOHN, SC, KSRTC R5 & R6 BY ADV.MR. A.JAYASANKAR, SC FOR KSHB R7 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13802/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PENSION PAYMENT ORDER. P2: COPY OF REGISTRATION CARD NO.991435 ISSUED FROM REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. P2(A): COPY OF TREATMENT CERTIFICATE NO.TC.2007 DTD. 16/11/2007. P2(B): COPY OF CASE SUMMARY RECORD. P3: COPY OF JUDGMENT DTD. 28/05/2008 IN WPC.NO.12300/2008. P4: COPY OF ORDER NO.T.1746/MIG/89 DTD. 18/12/2008 OF THE 6TH RESPONDENT. P4(A): COPY OF NOTICE NO.T.1746/MIG/89 DTD. 18/12/2008 OF THE 6TH RESPONDENT. P5: COPY OF JUDGMENT DTD. 19/12/2008 IN W.A.NO.2479/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ----------------------------------- W.P.(C).No.13802 of 2009 ----------------------------------- Dated this the 18th day of June, 2009. JUDGMENT The petitioner retired from the service of KSRTC on 31.10.2007. The Death Cum Retirement Gratuity and commuted value of pension is not yet paid. The petitioner's wife, in the meantime, met with serious illness and therefore, a request was made for an out of turn payment of the retirement benefits for the treatment of his wife. 2. Pursuant to a direction in W.P.(C)No.12300/08, this court directed the Corporation to disburse the retirement benefits due to him overlooking the seniority for discharging the liabilities incurred for the treatment of his wife. In the meanwhile, the Housing Board took steps for recovery of certain amounts due from the petitioner, when there was default in repayment of the amount. This is evidenced by Ext.P4. Amounts are due to the petitioner by way of commuted value of pension. W.P.(C).No.13802 of 2009 :: 2 :: 3. In the facts and circumstances, the Corporation shall take steps to disburse to the petitioner commuted value of pension and Death Cum Retirement Gratuity, after satisfying the demand made in Ext.P4. This shall be done within one month from the date of receipt of a copy of this judgment. 4. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//