IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29400 of 2010(Y) -------------------------- PETITIONER(S): --------------- P.RAVEENDRANATHAN, S/O.PARAMESWARAN ACHARY, RAVINDRA BHAVANAM, PULAMON.P.O., KOTTARAKARA, KOLLAM DISTRICT. (BLACK SMITH, ATTINGAL DEPOT, RETIRED ON 30.11.2008) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT: --------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. BY SC KSRTC SRI.V.V NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29400 OF 2010 -------------------------- Dated this the 23rd day of September, 2010 J U D G M E N T The petitioner is a former employee of the Kerala State Road Transport Corporation (hereinafter referred to as the 'KSRTC' for short). He retired from service on 30.11.2008 while he was working as Black Smith in the KSRTC. After his retirement, payment of monthly pension was sanctioned to him. However, the DCRG and commuted value of pension were not paid on the ground that the petitioner's payment of the aforesaid amounts has to be made based on seniority and that the petitioner's turn for such payment has not arisen. In this writ petition, the petitioner seeks out of turn payment of DCRG and commuted value of pension based on the ground that under Ext.P2 award passed on 24.4.2010 by the Arbitrator appointed by the KST Workers Co-operative Society, Thiruvananthapuram, he is liable to pay a sum of Rs.1,53,021/- to the said Society. It is also stated that he had to borrow heavily to solemnize the marriage of his daughter Kumari Deepa on 11.11.2007 and that in such circumstances, unless the DCRG and commuted value of pension are disbursed to the petitioner, he will be put to serious prejudice. WPC No.29400/2010 2 2. Sri.V.V.Nandagopal Nambiar, the learned standing counsel appearing for the KSRTC, submits that the Corporation will enquire into the genuineness of the claim made by the petitioner based on Ext.P2 award and also his claim that had had to borrow funds to solemnize the marriage of his daughter and disburse the DCRG and commuted value of pension to the petitioner immediately, if on enquiry the claim is found to be genuine. In such circumstances, I dispose of this writ petition with a direction to the respondents to enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and commuted value of pension and to make such payment within six weeks from the date of production of a copy of this judgment, if after enquiry the claim of the petitioner is found to be genuine. Needless to say the money covered by Ext.P2 award shall be paid directly to the KST Workers Co-operative Society, Thiruvananthapuram. P.N.RAVINDRAN, (JUDGE) vps WPC No.29400/2010 3 WPC No.29400/2010 4 P.N.RAVINDRAN, (JUDGE) vps WPC No.29400/2010 5