IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 7006 of 2009(U) ------------------------------- PETITIONER: -------------- M.PUSHKARAN, AGED 56 YEARS, S/O.MRITHWINJAYAN, NEERAJAM, NETHAJI NAGAR, NEMOM P.O., THIRUVANANTHAPURAM. (RETIRED AS ASST. DEPOT ENGINEER, CENTRAL WORKS UNIT, K.S.R.T.C) BY MR.D.SAJEEV, ADVOCATE. MR.BABU POTHENCODE, ADVOCATE. 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 MR. JOHNSON P. JOHN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.7006 OF 2009 ---------------------------------------- Dated this the 20th day of March, 2009 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.3.2007. He seeks out of turn payment of the retirement benefits on the ground that he needs urgent funds for undergoing a heart surgery. 2. I have heard the learned Standing Counsel for the Kerala State Road Transport Corporation also. The learned Standing Counsel for the KSRTC submits that the claim of the petitioner is genuine. A Division Bench of this Court has held that out of turn payment of DCRG and Commuted Value of Pension can be granted for treatment of serious diseases of retired employees of the KSRTC. 3. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to disburse the DCRG and commuted value of pension due to the petitioner within one month from the date of receipt of a certified copy of this judgment. However, I make it W.P.(c)No.7006/09 2 clear that this payment shall not be out of the ten per cent set apart for paying off the retirement benefits in accordance with the priority of the date of retirement, but shall be out of other funds of the Corporation. S. SIRI JAGAN, JUDGE Acd