IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 6679 of 2008(T) ------------------------- PETITIONER: ------------ K.DIVAKARAN NAIR, (DRIVER, KSRTC, PARASALA DEPOT, RTD. ON 30.6.2004), PALAKUZHI PUTHEN VEED, MURIANKARA, PARASSALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN SMT.A.R.DEVI RESPONDENTS: ------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. ASSISTANT TRANSPORT OFFICER, KSRTC, PARASALA DEPOT. 3. KERALA STATE HOUSING BOARD REPRESENTED BY ITS ACCOUNTS OFFICER, BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM. BY SRI. JOHNSON P. JOHN – SC SRI. P. RAMACHANDRAN NAIR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.6679 OF 2008 ---------------------------------------- Dated this the 12th day of March, 2008 JUDGMENT The petitioner retired as a Driver from the services of the 1st respondent Corporation on 30.6.2004. He is seeking out of turn payment of his retirement benefits for clearing the loan liability due from the petitioner to the Kerala State Housing Board. According to the petitioner, the petitioner's property has been sought to be attached and sold for the liability due from the petitioner to the KSHB. He would further submit that unless he pays the amounts due before 31.3.2008 he would lose substantial benefits by way of reduction in interest etc. The petitioner therefore seeks a direction to the 1st respondent to make out of turn payment on retirement benefits due to the petitioner. 2. The learned standing counsel on instructions submits that in normal course, the petitioner would be eligible for payment of the retirement benefits within a month or so based on his date of retirement. W.P.(c) No.6679/08 2 3. I have considered the rival contentions in detail. I am of opinion that despite the fact that the petitioner is due to get his retirement benefits in due course within one month, to enable the petitioner to get his allowable deduction on payment before the due date, it is only appropriate that the 1st respondent pays that much amount required for satisfying the liability due to the petitioner. Therefore, the 1st respondent is directed to forward to the Kerala State Housing Board, Balarampuram branch a cheque for the amounts due to the petitioner, as balance from retirement benefits due to him, if the same is less than the amount demanded as per Ext.P2, within two weeks from today. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.6679/08 3