IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 31075 of 2008(Y) -------------------------------------- PETITIONER: ------------------- S. BABU, S/O. SOMAN ASSARI, "BINDU BHAVAN" MELEKOTTOOR, ALAMPOTTA, PERUMPAZHATHOOR P.O., THIRUVANANTHAPUARM DISRICT RETIRED, KSRTC, CENTRAL WORKS, PAPPANAMCODE) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENTS: ----------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O. THRIRUVANANTHAPURAM. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPRUAM. 3. THE ASSISTANT PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O.THIRUVANANTHAPURAM-23. 4. THE MECHANICAL ENGINEER, KSRTC CENTRAL WORKS, PAPPANAMCODE. BY STANDING COUNSEL SRI.JOHNSON P.JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy, Ag.C.J. & V.GIRI, J. ------------------------------------------ W.P.(C) No. 31075 of 2008 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. Petitioner retired from the service of the Kerala State Road Transport Corporation on 31.5.2006. His D.C.R.G. and commuted value of pension have not yet been paid. Petitioner's daughter is married on 7.12.2008. Exts.P2 and P3 proved the same. Factual aspects are not disputed. It is the petitioner's case that during the period of employment he wanted the gratuity amount for meeting the expenses for the marriage of his daughter. Every father who has a marriageable daughter will have such a wish. About three years have elapsed after his retirement. 2. Considering the financial difficulties faced by the Corporation, a Division Bench of this Court has held that gratuity and other retiral benefits due to the retired employees should be paid as expeditiously as possible on a priority basis. However, out of turn W.P.(C) No.31075 of 2008 2 payment was also permitted in extreme circumstances. We are of the view that this is a circumstance where gratuity should have been paid out of turn. It is stated that the marriage was on 7.12.2008. The writ petition was filed in October, 2008. Even though the marriage was conducted by borrowing money from the financial institutions where high interest is payable, it is submitted that unless payment is made immediately, even his house will have to be sold in auction. In the circumstances, we direct the Corporation to pay the amount due to the petitioner as expeditiously as possible, in any event, within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. J.B.Koshy, (Ag. Chief Justice) V.GIRI, (Judge) vns