IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 34567 of 2008(M) -------------------------- PETITIONER(S): --------------- K.SIVASANKARAN NAIR, VADAKKEDATH HOUSE, MEKKADU P.O., ANKAMALY, ERNAKULAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. 4. THE ASST.TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ANKAMALY. 5. THE ASSISTANT SECRETARY (LOANS) THE KERALA STATE HOUSING BOARD COCHIN HOUSING UNIT, PANAMPALLY NAGAR, COCHIN - 32. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 G.P. SHRI.M.R.SABU SHRI.A.JAYASANKAR, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 34567 of 2008 ================== Dated this the 11th day of December, 2008 J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.12.2006. The petitioner filed this writ petition seeking a direction to the KSRTC to disburse to him the DCRG and commuted value of pension due to him for discharging a debt which he owes to the Kerala State Housing Board. The question as to whether out of turn payment can be made for discharging debts due from a retired employee of the KSRTC has been considered by a Division Bench of this Court in W.P(C).Nos.21231 & 31588 of 2008, in which the Division Bench held thus: The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. They are indebted to financial institutions, which have taken steps to recover the amounts due to them from the petitioners. So, these writ petitions are filed seeking out of turn payment of their death-cum-retirement gratuity. This Court has already held that only in rare cases out of turn payment should be ordered. Serious illness of the pensioner and want of funds for treatment and also the marriages of daughters have been held to be grounds for deviation from the priority list. If indebtedness to financial institutions is taken as a ground then the priority list will lose meaning. It is common knowledge that these days every employee will be indebted to one or more financial institutions. In the result, these writ petitions fail and they are accordingly dismissed.” 2 In view of the above decision, I cannot grant the prayer of the petitioner in this writ petition. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge