IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 27194 of 2010(Y) -------------------------- PETITIONER(S): --------------- K.RAVI, (CHARGE MAN, KSRTC, TVM CENTRAL DEPOT, RETIRED ON 30-11-2008) SARASWATHI VILASAM, TC 39/1048, CNR 46, CHITRA NAGAR, KULATHINKARA, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN SMT.A.R.DEVI RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESNTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.T.133 REPRESENTED BY ITS SECRETARY, THAMPANOOR, THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY FOR R2 ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.27194/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE PETITIONER DATED NIL. EXT.P2. TRUE COPY OF PLAINT DATED 20.2.2010 FILED BY THE 2ND RESPONDENT SOCIETY BEFORE THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM FOR RECOVERY OF RS.1,48,809/- FROM THE PETITIONER. EXT.P3. TRUE COPY OF PLAINT DATED 20.2.2010 FILED BY THE 2ND RESPONDENT SOCIETY BEFORE THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM FOR RECOVERY OF RS.14,330/- FROM THE PETITIONER. EXT.P4. TRUE COPY OF NOTICE DATED 20.7.2009 RECEIVED BY THE PETITIONER FROM THE KERALA LOK AYUKTA EXT.P5. TRUE COPY OF JUDGMENT DATED 6.1.2010 IN W.P(C)NO.37082 OF 2009 EXT.P6. TRUE COPY OF JUDGMENT DATED 6.1.2010 IN W.P(C) NO.22585 OF 2010 RESPONDENTS' EXHIBITS: EXT.R2(A). TRUE COPY OF AWARD NO.289/2010 EXT.R2(B) TRUE COPY OF STATEMENT OF LOAN NO. BAL.NO.46493 EXT.R2(C) TRUE COPY OF STATEMENT OF LOAN NO.E.G..NO.58213 EXT.R2(D) TRUE COPY OF CONSENT LETTER DATED 6./7/2005 GIVEN BY THE PETITIONER. EXT.R2(E) TRUE COPY OF SURETY BOND DTD. 6.7.2005 EXT.R2(F) TRUE COPY OF LOAN APPLICATION NO.2792 DTD. 17.5.2006 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.27194 of 2010 ----------------------------------------- Dated this the 22nd day of September, 2010 JUDGMENT The petitioner is a former employee of the Kerala State Road Transport Corporation. He retired from service on 30-11- 2008 on attaining the age of superannuation. Though pension was sanctioned and disbursed to him, commuted value of pension, DCRG and terminal leave surrender benefits have not so far been disbursed in view of the rule of priority. The petitioner submits that he had borrowed money from the second respondent society and from the Peroorkada Service Co-operative Bank Ltd. No.1412, Trivandrum while he was in service and that in view of the non- payment of DCRG, commuted value of pension and terminal leave surrender benefits the loan repayment instalments have fallen in arrears and that the said societies have taken steps to recover the amounts due from him. In such circumstances he seeks the intervention of this Court for expeditious out of turn payment of DCRG, commuted value of pension and terminal leave surrender benefits. 2. Sri.N.Unnikrishnan, learned counsel appearing for the second respondent submits that as on 5.9.2010, the sum of W.P(C).No.27194 of 2010 -:2:- Rs.1,66,215/- was due from the petitioner. He submits that the Kerala State Road Transport Corporation may be directed to pay over the sum of Rs.1,66,215/- to the second respondent society and to pay the balance amount alone to the petitioner. Sri. V.V.Nandagopal Nambiar, learned standing counsel appearing for the Kerala State Road Transport Corporation submits that the Peroorkada Service Co- operative Bank Ltd., No.1412, Trivandrum is not on the party array and that the Corporation will sanction and disburse the balance terminal benefits payable to the petitioner after paying off the dues to the second respondent and also the monies, if any, payable to the Peroorkada Service Co-operative Bank Ltd. within two months from today. In the result the writ petition is disposed of with the following directions: (a) The first respondent shall disburse the sum of Rs.1,66,215/- to the second respondent within one week from the date on which the second respondent produces a certified copy of this judgment. The said payment shall be given credit to and adjusted towards the amounts payable to the petitioner by way of DCRG, commuted value of pension and terminal leave surrender benefits. The second respondent shall on receipt of the said sum of Rs.1,66,215/- record full W.P(C).No.27194 of 2010 -:3:- satisfaction of the loan transaction and issue the necessary certificates to the petitioner and also release the share amount. (b) The first respondent shall enquire as to whether any amount is due from the petitioner to the Peroorkada Service Co-operative Bank Ltd., No.1412, Trivandrum and if after such enquiry the first respondent is satisfied that any amount is payable by the petitioner, pay over the said amount to the Peroorkada Service Co-operative Bank Ltd., No.1412, Trivandrum within two weeks from the date of receipt of the intimation from the Peroorkada Service Co-operative Bank Ltd., No.1412, Trivandrum. The Peroorkada Service Co-operative Bank Ltd., No.1412, Trivandrum shall on receipt of the payment from the Corporation record full satisfaction of the loan transaction and issue the necessary certificates to the petitioner and also release the share amount. (c) The balance amount, if any, payable to the petitioner shall be disbursed to him within the aforesaid period of two months. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.27194 of 2010 ---------------------------- JUDGMENT 22nd September, 2010