IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25745 of 2008(M) -------------------------- PETITIONER: ------------ L.RAJAN, S/O. LAKSHMANAN, MECHIRAYIL, PALLIMUKKU, KUNDARA, KOLLAM. (CONDUCTOR - RETIRED, KSRTC, KOLLAM) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23 3. THE ASSISTANT PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C, KOLLAM. BY SRI. PRABHAKARAN, STANDING COUNSEL FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 25745 OF 2008 M ```````````````````````````````````````````````````` Dated this the 27th day of August, 2008 J U D G M E N T Petitioner retired as Conductor from KSRTC on 31.5.2007. Petitioner seeks out of turn payment of his pensionary benefits citing his medical condition as reason. According to the petitioner, he is suffering from coronary disease from April 2001. He relies on Exts.P2 to P5 in this regard. According to him, he has been advised to undergo bypass surgery and the treatment cost will be in the region of Rs.2.5 lakhs. 2. I heard learned standing counsel for KSRTC also. I feel that if the claim of the petitioner is genuine, the petitioner is entitled to the relief of payment. Accordingly, writ petition is disposed of as follows. There will be a direction to the 1st respondent to conduct an enquiry as to whether the claim of the petitioner is genuine. The enquiry should be concluded within two weeks from the WPC.25745/08 : 2 : date of receipt of a copy of this judgment. If the claim of the petitioner is found genuine, there will be a further direction to the 1st respondent to disburse the amount due to the petitioner as DCRG, in accordance with law, as early as possible, at any rate, within a period of one month from the date on which the enquiry is concluded. It is made clear that DCRG will be paid in accordance with law after providing for the liabilities to be discharged from out of the DCRG. There will be a further direction to pay an amount of Rs.1 lakh from the Commuted Value of Pension also as early as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If it is found that the liability of the petitioner does not permit the payment of the amount of DCRG as ordered, the entire amount of CVP as is sufficient for making of Rs.2.5 lakhs will be released from the CVP. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE