IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 1169 of 2011(U) ------------------------- PETITIONER : -------------------- S.SAMBASIVAN, SUKUMARA VILASOM, KIDARAKUZHY, VENGANNUR P.O., THIRUVANANTHAPURAM DISTRICT. (INSPECTOR, KSRTC, RETIRED ON 31/3/2010, VIZHINJAM DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. 2. BRANCH MANAGER, INDIAN BANK, BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM-695501. R1 BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC R2 BY ADV. SRI. DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T. RAVIKUMAR, J. -------------------------------------- WP(C) No.1169 of 2011 --------------------------------------- Dated this the 25th day of January, 2011 JUDGMENT This writ petition has been filed with the prayer to disburse the DCRG and commutated value of pension to the petitioner. The petitioner retired on 31.3.2010 from the Kerala State Road Transport Corporation. The priority in the matter of disbursement of the retiral benefits is governed by the guidelines rendered pursuant to the judgment of this Court in W.A. No.289/01. Exhibit P2 has been produced by petitioner to show that he was served with a demand notice by the Balaramapuram branch of the Indian Bank demanding payment of an amount of Rs.1,14,624/- towards the outstanding dues arising out of a loan transaction. For the recovery of the amount coercive steps are under contemplation from the part of the said bank. It is to avoid the same and to discharge the said liability that the petitioner is seeking an out of turn disbursement of the retirement benefits such as DCRG and WP(C) No.1169 of 2011 2 commuted value of pension. 2. In the said circumstance, this writ petition is disposed of with a direction to the respondents to enquire into the genuineness of the claim put forth by the petitioner and in case, it is found that the request and reason stated by the petitioner is genuine the respondents shall take steps to discharge the disbursement of DCRG and commuted value of pension to the petitioner expeditiously. 3. In such eventuality, an amount of Rs.1,14,624/-, from the DCRG of the petitioner, shall be remitted directly to the loan account standing in the name of the petitioner with the Balaramapuram branch of the Indian Bank for discharging his outstanding liability arising out of the loan transaction with the said bank. Needless to say that the balance of the retiral benefits shall be disbursed to the petitioner within the said stipulated time. C.T. RAVIKUMAR, JUDGE. rkc