IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WA.No. 2377 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35638/2008 Dated 04/12/2008 .................... APPELLANT(S): PETITIONER IN W.P.(C) 35638/2008 ------------------------ V.V. RAMAN, RETD. INSPECTOR, VADAKKEVEETTIL, NEAR KURINHI TEMPLE, THAYINERI.P.O, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): RESPONDENTS IN W.P(C) NO.35638/2008 -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. KANNUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY GENERAL MANAGER, KANNUR. ADV. SRI.P.NARAYANAN,SC,KANNUR DIST.CO.OP.BA FOR R2 SRI.K.PRABHAKARAN, SC, KSRTC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ W.A.No.2377 of 2008 =============================== Dated this the 15th day of December, 2008. J U D G M E N T KOSHY, J. The appellant is a retired inspector from Payyannur Depot of the KSRTC. He availed a housing loan of Rs. 2,00,000/- from the Kannur District Co-operative Bank Ltd. Due to financial constraints, appellant was unable to remit the monthly instalments. Consequently, 2nd respondent initiated proceedings pursuant to Ext.P2 award passed by the Co-operative Tribunal. Appellant wants his pension to be disbursed, as his house will be proceeded against and sold in the aforesaid proceedings. A person is entitled to retirement benefits immediately after his retirement. Corporation has not paid the pensionary benefits due to the appellant, in view of the financial difficulties expressed by the Corporation. Corporation was therefore, allowed to pay the pensionary benefits depending upon the priority in earlier judgment. However, out of turn pension can be given in appropriate circumstances. Here, the employee was working for W.A.No.2377 of 2008 2 the Corporation for long years. Since his house is brought for sale in execution of the award for realising the amount due from him, we are of the view that it is a fit case where Corporation should release the pension amount due to the appellant without further delay. Hence, 1st respondent is directed to release admissible pensionary benefits and gratuity due to the appellant, as expeditiously as possible, in any event, within one month from the date of receipt of a copy of this judgment. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-