IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 24071 of 2010(H) -------------------------------- PETITIONER: -------------- B.RAMAKRISHNA PILLAI, NIKARTHIL PUTHEN VEEDU, CMC 10, CHERTHALA P.O., ALAPPUZHA (DRIVER-RETD., KSRTC, CHERTHALA). BY MR.ANANDARAJAN.N, ADVOCATE. MR.K.K.MANGALANANDAN, ADVOCATE. MR.K.P.JUSTINE (KARIPAT), ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA. BY MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24071 OF 2010 --------------------------------------- Dated this the 2nd day of August, 2010. J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation while working as a Driver at KSRTC Cherthala unit, on 31.03.2010. The main grievance raised in the writ petition is regarding the delay in disbursal of the DCRG and commuted value of pension. 2. Learned counsel for the petitioner submitted that the petitioner's wife borrowed an amount of Rs.65,000/- from one Pradeepan for meeting the educational expenses of the two daughters of the petitioner by issuing a Promissory Note. The petitioner and his wife could not repay the said amount in time and therefore, Sri.Pradeepan initiated legal steps for realizing the amount by filing a civil suit before the Munsiff Court, Cherthala as O.S.No.557/2002, which is evident from Exhibit P3. It is submitted that the Munsiff Court issued orders for attaching the house and 10 cents of land in which the petitioner and his family W.P.(C) No.24071/2010 2 are living. Exhibit P4 is the copy of the attachment order. Therefore, the petitioner is in urgent need of money to repay the amount for releasing the property attached. 3. Learned Standing Counsel for the KSRTC submitted that after conducting due enquiry in the matter, the amount will be disbursed to the petitioner. The Corporation is bound to disburse the amount to the retirees in terms of the directions issued by this Court in W.A.No.289/2001. In the said judgment, there is a direction that the benefits should be disbursed according to seniority if otherwise ordered by this Court. Herein, there is a genuine ground. In that view of the matter, there will be a direction to the 1st respondent to consider the sanction of the benefits and disburse the amount after conducting due enquiry expeditiously, at any rate, within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp