IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35263 of 2008(W) -------------------------- PETITIONER(S): --------------- K.SURENDRAN, S/O. KUTTAN, RETIRED VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RESIDING AT TINKU BHAVAN, VAMANAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTO, THIRUVANANTHAPURAM. 2. KERALA HOUSING CO-OPERATIVE BANK LTD., T.751, REPRESENTED BY IT'S SECRETARY, KALLARA P.O., NEDUMANGADU, THIRUVANANTHAPURAM DIST. 3. ARBITRATOR - CUM - SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING CORPORATION, THIRUVANANTHAPURAM REGIONAL OFFICE, MALLOOR ROAD, VANCHIYOOR P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR SRI. K. PRABHAKARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C) NO.35638 OF 2008 ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------ W.P.(C)Nos.35263 & 35638 OF 2008 --------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT In both these writ petitions, the petitioners are retired employees of the Kerala State Road Transport Corporation. They are seeking out of turn payment of their retirement benefits to discharge debts due from them to third parties. The question as to whether out of turn payment of retirement benefits can be made for the purpose of discharging debts due from retired employees of the Kerala State Road Transport Corporation has been considered by a Division Bench of this Court in W.P.(C) Nos.21231/08 and 31588/08, in which the Division Bench has passed the following judgment. “The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. They are indebted to financial institutions, which have taken steps to recover the amounts due to them from the petitioners. So, these writ petitions are filed seeking out of turn payment of their death-cum- retirement gratuity. This Court has already held that only in rare cases out of turn payment should be W.P.(C)Nos.35263/08 & Con.case 2 ordered. Serious illness of the pensioner and want of funds for treatment and also the marriages of daughters have been held to be grounds for deviation from the priority list. If indebtedness to financial institutions is taken as a ground then the priority list will lose meaning. It is common knowledge that these days every employees will be indebted to one or more financial institutions. In the result, these writ petitions fail and they are accordingly dismissed”. In view of the above judgment, the petitioners are not entitled to the reliefs prayed for in these writ petitions. Accordingly, the writ petitions are dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(C)Nos.35263/08 & Con.case 3