IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25146 of 2008(R) -------------------------- PETITIONER: ------------ A.MOHAMMED DHALIF, S/O.ALIYARU KUNJU AGED 58 YEARS, T.C.NO.11/230 (A.39) KANAKA NAGAR, VELLAYAMBALAM, KAWADIAR.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 CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ACCOUNT OFFICER(IA), OFFICE OF THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY SRI. JOHNSON P. JOHN, STANDING COUNSEL FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON 21/08/2008 DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.25146 of 2008 -------------------------- Dated this the 21st August, 2008 J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation as a Mechanic on 31.8.2005 on attaining the age of superannuation. His grievance is that even though nearly three years have passed after his retirement, pensionary benefits have not been sanctioned or disbursed. The petitioner submits that the marriage of his daughter is scheduled to be solemnised on 31.8.2008 and that unless the terminal benefits are disbursed expeditiously he will not be in a position to meet the marriage expenses of his daughter. The petitioner relies on the decision of this Court in K.S.R.T.C Vs. Padmavathi [2008 (1) KLT 584] in support of the said contention. 2. I have heard Sri. Johnson P.John, the learned standing counsel appearing for the respondents as well. It is brought to my notice that in identical circumstances, this Court had disposed of WP(C) No.22225 of 2008 W.P ( C) No.25146 of 2008 2 directing the respondent to conduct an enquiry into the genuineness of the claim made by the petitioner and if the claim is found to be genuine to disburse the terminal benefits within a period of three months from the date of conclusion of such inquiry. 2. Having regard to the fact that the petitioner retired from service on 31.8.2005 and nearly three years have passed after his retirement and also having regard to the fact that the marriage of the petitioner’s daughter’s is to be solemnized on 31.8.2008, I dispose of this writ petition with a direction to the respondents to ascertain whether the marriage of the petitioner’s daughter is to be solemnized on 31.8.20098 and if the same is correct, determine and disburse the pensionary benefits payable to the petitioner within two months from today. The payment of the DCRG due to the petitioner will be subject to the liability, if any, fixed against the petitioner in accordance with Note 3 to Rule 3 of Part III of the Kerala Service Rules. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.25146 of 2008 3 W.P ( C) No.25146 of 2008 4