IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 32481 of 2008(P) -------------------------- PETITIONER(S): --------------- N STANLEY, S.R. SADANAM, MULLUVILA, NELLIVILA P.O., THIRUVANANTHAPURAM DISTRICT,(INSPECTOR VIZHINJAM DEPOT RETIRED ON 31--5-2007) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- KERALAL STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM-695023. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32481 of 2008 ================== Dated this the 5th day of December, 2008 J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.5.2007. He has filed this writ petition seeking a direction to the Corporation to disburse the retirement benefits due to him out of turn on the ground that he is in dire need of money to repay the loan availed of from the State Bank of Travancore as also for the treatment of his wife and himself. The Division Bench of this Court has already held that out of turn payment cannot be permitted for paying off the debts due to banks etc. However, the same Division Bench held that for treatment of serious aliments, out of turn payment can be permitted. The petitioner claims that his wife is suffering from Menorehagia with Thyroid uterus and a major surgery for Abdominal Histectomy. He also submits that he is a chronic diabetic patient for which he has to undergo regular treatment. 2. The learned Standing Counsel appearing for the Corporation, on instructions, submits that on enquiry it was found that the claim of the petitioner in respect of treatment of himself and his wife is genuine. w.p.c.32481/08 2 3. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondent to disburse the DCRG due to the petitioner within one month from the date of receipt of a certified copy of this judgment. However, I make it clear that this payment shall not be out of the ten per cent set apart for paying off the retirement benefits in accordance with the priority of the date of retirement, but shall be out of other funds of the Corporation. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.32481/08 3