IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26264 of 2008(B) -------------------------- PETITIONER: ------------ K.APPUKUTTAN ASARY AGED 57 YEARS, S/O.KRISHNAN ASARY, KANNERUVILAKOM THOTAMBARA, VEERANAKAVU, KATTAKADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT PERSONAL OFFICER,(PENSION) KERALA STATE ROAD TRANSPORT CORPORAION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ACCOUNT OFFICER (IA), OFFICE OF THE MANAGING DIRECTOR, KERALA STATE TRANSPORT CORPORAION, THIRUVANANTHAPURAM. 4. THE ARBITRATOR CUM SPECIAL OFFICER, THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION, VANCHIYOOR.P.O, THIRUVANANTHAPURAM-35. BY SRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 26264 OF 2008 B ```````````````````````````````````````````````````` Dated this the 1st day of September, 2008 J U D G M E N T I heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner retired as Blacksmith from KSRTC on 31.10.2005. He seeks out of turn payment of his pensionary benefits to close a loan taken from the 4th respondent. It is pointed out that on the basis of the loan taken from the 4th respondent for constructing his residential house, the residential house of the petitioner is being proceeded against on the basis of the award obtained by the 4th respondent. I would think in the totality of facts that the petitioner should be granted partial relief. Writ petition is disposed of as follows. There will be a direction to the 1st respondent to conduct an enquiry as to whether the claim of the petitioner is genuine. The enquiry should be concluded within two weeks from the date of receipt of a copy of this judgment. If the claim of the WPC.26264/08 : 2 : petitioner is found genuine, there will be a further direction to the 1st respondent to disburse an amount of Rs.84,939/- to the 4th respondent on behalf of the petitioner from the DCRG due to the petitioner, in accordance with law, within a period of six weeks from the date on which the enquiry is concluded. The amount will be paid only after adjusting any other liability to be paid from out of the DCRG. If the petitioner has liability which prevents the payment of amount from the DCRG, the 1st respondent will effect the payment of the said amount from the Commuted Value of Pension. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE