IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(C).No. 12688 of 2011(I) -------------------------- PETITIONER: ------------------ K.JAHUBAR, S/O A.M.KARVTHU KANNU, AYSHA MANZIL, PLANKALA VILA, ARALUMOOD P.O., THIRUVANANTHAPURAM (SUPERINTENDENT, RETIRED ON 31.3.2011 NEYYATTINKARA) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS: ---------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANANGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., 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 MANAGER, STATE BANK OF TRAVANCORE, RASMECCC, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA. BY STANDING COUNSEL SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.12688 of 2011 ------------------------------------------- Dated this the 29th April, 2011 JUDGMENT The petitioner has filed this Writ Petition seeking appropriate orders for an out of turn disbursement of his retirement benefits. The petitioner retired from the service of the first respondent Corporation on 31.3.2011 as Superintendent. However, his retirement benefits have not been paid to him, so far. It is pointed out that the retirement benefits of employees like him are being disbursed in accordance with the guidelines stipulated by this Court in Writ Appeal No.289/2001. However, it is contended that this Court has been directing out of turn disbursement of retirement benefits, in deserving cases. 2. According to the petitioner, due to financial difficulties, he is not able to settle a housing loan, the repayment of which is remaining in default. The bank has initiated steps to auction his house. He has no means other than his retirement benefits to settle the loan amount. Therefore, he seeks disbursement of his WPC No.12688/2011 2 retirement benefits out of turn. 3. The standing counsel for the first respondent Corporation submits that disbursement of retirement benefits may be ordered only after permitting the Corporation to ascertain the genuineness of the claim that is put forward by the petitioner. 4. In the above circumstances, this Writ Petition is disposed of directing the respondents to enquire into the genuineness of the request of the petitioner and the reasons put forward for out of turn disbursement of his retirement benefits. If it is found that the request made by the petitioner is genuine, the retirement benefits of the petitioner including Death cum Retirement Gratuity shall be disbursed to him within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/