IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2818 of 2011(B) ------------------------------------- PETITIONER: ------------------- G.KUNJUKUTTY,CHIRATTAKONAM, THALACHIRA P.O.,KOTTARAKKARA, KOLLAM DISTRICT, (ASST:TRANSPORT OFFICER,KSRTC,RETIRED ON 31/3/2010 PATHANAMTHITTA DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN. RESPONDENT: ---------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR,KSRTC, THIRUVANANTHAPURAM-695 023. BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.2818 OF 2011 -------------------------------------------- Dated this the 8th day of February, 2011 JUDGMENT This Writ Petition has been filed by a retiree from the service of the Kerala State Road Transport Corporation (for short 'the Corporation') for an out of turn disbursement of the retiral benefits. Disbursement of retiral benefits under the Corporation is being governed by the directions issued by this Court in W.A.No.289/2001. Any deviation from the same is permissible only in exceptional circumstances. To canvass the position that such exceptional circumstances exist in this case, the petitioner has produced Ext.P3 notice issued by the Vettikavala Service Co-operative Bank Ltd. demanding the petitioner to pay certain amounts towards the dues arising out of a loan transaction in connection with his daughter's marriage. It is in the said circumstances that the learned counsel for the petitioner contends that the petitioner is entitled to get an out of turn disbursement of retiral benefits including DCRG and Commuted Value of Pension. 2. I have heard the learned counsel for the petitioner and also the W.P.(C) NO.2818/2011 2 learned standing counsel appearing for the respondent. In view of Ext.P3, I am of the view that the genuineness of the claims and contentions raised by the petitioner requires to be enquired by the competent authority under the Corporation. On such enquiry, if it is found that the requests and reasons stated by the petitioner are genuine, the respondent shall sanction the DCRG and Commuted Value of Pension and remit the amount payable by the petitioner towards the Vettikavala Service Co-operative Bank Ltd. for the purpose of discharging his liability towards the said bank. The balance amount payable to the petitioner shall be disbursed within a period of one month. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.2818/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.2818/2011 4