IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 20961 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ S.RETNA RAJ, BINU VIHAR, MUNDELA P.O., VELLANAD, THIRUVANANTHAPURAM DISTRICT. (INSPECTOR, THIRUVANANTHAPURAM CENTRAL, RETIRED ON 31.3.2011). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ---------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 023. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20961/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PENSION PAYMENT ORDER NO.44638 ISSUED TO THE PETITIONER. P2 COPY OF THE DEMAND NOTICE DATED 17/7/2011 ISSUED TO THE PETITIONER FROM THE MUNDELA SERVICE CO-OPERATIVE BANK. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 20961 of 2011 --------------------------------------- Dated this the 14th day of October 2011. JUDGMENT Petitioner is an employee of the Kerala State Road Transport Corporation. The writ petition is filed for a direction commanding the first respondent to disburse the DCRG& Commuted Value of Pension to the petitioner forthwith. 2. The petitioner submits that while in service, he had availed a loan jointly with her daughter Kumari L.R.Beena from the Mundela Service Co-operative Bank. Owing to financial difficulties she could not make repayment of the loan, it has become default. As on 16.7.2011, the total amount outstanding in the above loan comes to Rs. 1,04,350/- . Ext.P2 is the copy of the demand notice received from the said bank for the recovery of the aforesaid amount. Petitioner submits that she availed the above loan on the expectation that she would be able to clear the loan account on her retirement W.P.(C) No.20961/2011 2 on getting her pensionary benefits. It is pointed out that though the petitioner retired from service on 31.3.2011, the respondent did not disburse the DCRG till date. It is also submitted that she could not repay the periodical instalments since she has no other source of money except the salary. It is pointed out that the disbursement of terminal benefits is likely to be delayed considering the date of retirement, in view of the guidelines issued by this Court in W.A.No. 289/2001. It is averred in the writ petition that the only source of money for settling the liability of respondents 2 and 3 is the pensionary benefits due from the 1st respondent -Corporation. 3. This Court had occasion to consider the grievance of other employees in similar matters. In W.P.(C) No. 24770/2010 and similar matters this Court issued a direction to the 1st respondent to disburse the retirement benefits within one month from the date of receipt of the copy of the judgment. 4. The disbursement of retirement benefits is governed by the directions issued by the Division Bench of this Court in W.A. No.289/2001 and based on the guidelines, the retirement benefits W.P.(C) No.20961/2011 3 would be disbursed strictly based on date of retirement unless otherwise ordered by this Court. 5. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbusement of the retirement benefits is genuine. In these circumstances, this Court direct the respondent Corporation to disburse the DCRG and commuted value of pension due to the petitioner within a period of one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al