IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 18051 of 2011(F) -------------------------- PETITIONER: --------------- JAYARAJ.S.KADAVIL, S/O.SUBRAMONIAN, KADAVIL HOUSE, T.K.S.PURAM, KODUNGALLUR P.O., THRISSUR DISTRICT. (SUPERINTENDENT-RETIRED ON 31.3.2011 FROM ANKAMALY). BY ADV. MR.K.P.JUSTINE (KARIPAT) 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 TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ANKAMALY - 682072. 4. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGER, KODUNGALLUR BRANCH, PIN 680 664. 5. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.133, THAMPANOOR, THIRUVANANTHAPURAM-695 001. ADV. MR.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R5 MR.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1-4 MR.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18051 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER. EXT.P2: MARRIAGE INVITATION LETTER. EXT.P3: LOAN DOCUMENT ISSUED BY R4 TO THE PETITIONER. EXT.P4: DEMAND NOTICE ISSUED BY R5 TO THE PETITIONER DTD. 4.4.2011. RESPONDENTS' EXHIBITS: EXT.R5(A): LOAN APPLICATION NO.2399 EXT.R5(B): SURETY BOND DTD. 6.1.2006. EXT.R5(C): CONSENT LETTER DTD. 6.1.2006 SUBMITTED BY PETITIONER. EXT.R5(D): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL.47176. EXT.R5(E): STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.EGL.57540. ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.18051 Of 2011 ---------------------- Dated this the 26th day of August, 2011. J U D G M E N T Heard the learned counsel for the petitioner and learned standing counsel for the Corporation and 5th respondent. 2. The writ petition is filed for a direction to the respondents to sanction and disburse DCRG, Commuted Value of Pension and leave surrender salary due to the petitioner for settling the loan availed from the respondents 4 & 5 and to meet the expenses incurred in connection with the marriage of the daughter of the petitioner which was solemnized on 3.12.2008. 3. The petitioner retired from service of the KSRTC on 31.3.2011. Terminal benefits namely, DCRG, Commuted Value of Pension and leave surrender salary are pending payment. The petitioner had availed a loan of Rs.4,50,000/- from the 4th respondent Bank to meet the expenses in connection with the conduct of the marriage of his daughter. The loan was availed by pledging his house property. It is stated that the liability due to the 4th respondent bank as on date comes of Rs.3,70,000/-. ::2:: W.P.(C).No.18051 Of 2011 Ext.P3 is the notice issued by the 4th respondent bank directing the petitioner to remit Rs.3,70,000/- immediately or else the bank proposes to initiate steps for recovery of the amount. 4. The petitioner had also availed a loan of Rs.1 Lakh from the 5th respondent Society. The outstanding liability due to the Society is Rs.61,520/-. Ext.P4 is the notice issued by the Society directing the petitioner to repay Rs.61,520/-. The learned counsel for the petitioner could not pay the periodical instalments promptly since he has no other income to pay the same except his salary. Therefore, the loan amount went in arrears. 5. The disbursement of retirement benefits is governed by the directions issued by the Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on the date of retirement unless otherwise ordered by this Court. Exts.P3 & P4 proceedings would go to show that the petitioner is liable to discharge his outstanding liability due to the 4th and 5th respondents. ::3:: W.P.(C).No.18051 Of 2011 6. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbursement of retirement benefits is genuine. In these circumstances, the writ petition is disposed of directing the respondent Corporation to disburse the DCRG, Commuted Value of Pension and leave surrender salary due to the petitioner within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-