IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 12516 of 2010(L) -------------------------- PETITIONER(S): --------------- C.D.VARGHESE,AGED 57 YEARS,S/O.DEVASSY, RETIRED VEHICLE SUPERVISOR,K.S.R.T.C,DTO,ALUVA, RESIDING AT CHALANATTU HOUSE,VADUTHALA,KOCHI-23. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR,K.S.R.T.C, TRANSPORT BHAVAN,THIRUVANANTHAPURAM. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC,ALUVA DEPOT,ALUVA. 3. THE KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LIMITED,NO.T.33,REPRESENTED BY ITS SECRETARY,THAMPANOOR,THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R3 SHRI V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12516/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of May, 2010 J U D G M E N T The petitioner retired from the service of the Corporation as Vehicle Supervisor on 31/01/2008. The petitioner seeks for a direction to the first respondent to disburse the pensionery benefits as he has to discharge the liabilities to various banks/societies. 2. The third respondent is one of the Society to which the petitioner is indebted. Counter affidavit has been filed by the third respondent. It is submitted that an amount of Rs.84,536/- is liable to be remitted by the petitioner to the third respondent and they are entitled to recover the entire amount from the pensionery benefits in view of the Undertaking, Agreement, Surety Bond, Consent Letters executed by the petitioner. 3. Going by the averments in the writ petition, the petitioner owes certain amounts to the Kerala State Co- operative Bank also. It is pointed out that certain loans were availed by the petitioner for conducting the marriage of the petitioner's daughter. Already award has been passed against the petitioner in the Arbitration Case filed by the said Co-operative Bank. W.P.(C). No.12516/2010 -:2:- 4. Heard the learned Standing Counsel for the Corporation. The matter is governed by the guidelines issued by this Court in W.A.No.289/2001 permitting disbursement of pensionery benefits by considering the genuine needs of the pensioners without looking into their seniority. Herein, going by the averments in the writ petition and the counter affidavit filed by the third respondent, it is clear that he has got certain liabilities to be cleared. Therefore, unless the pensionery benefits are disbursed, the arrears will be mounting making the petitioner liable for huge sum. 5. In the light of the above, there will be a direction to the first respondent to quantify pensionery benefits due to the petitioner. The petitioner will show the details of liabilities as on today by filing appropriate consent letter to the first respondent- Corporation for recovering those amounts for payment to the creditors. After recovery of those amounts, the balance amount, if any, will be paid to the petitioner within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE