IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 21671 of 2008(E) --------------------------------- PETITIONER: ------------------ V.SUKUMARAN ASSARY " THIRUVATHIRA", MADANPARA, NARUVAMOODU PO., NEYYATTINKARA, THIRUVANANTHAPURAM(CHARGEMAN, RETIRED ON 31.3.06 FROM THIRUVANANTHAPURAM CITY DEPOT) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT: --------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM-695023. BY SHRI K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.8.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21671 OF 2008 E -------------------------------------- Dated this the 19th August, 2008 JUDGMENT Petitioner retired from the service of the respondent Corporation while working as Chargeman on 31.3.2006. It is his case that he has no income and he is financially very poor and his wife and children are unemployed. He availed a housing loan of Rs.2,30,000/= from HUDCO. According to petitioner, he gave signed cheques as security for repayment of the said loan and he could not repay the amount. HUDCO filed Complaints under Section 138 of the Negotiable Instruments Act as ST. Nos. 10/2005 and 92/2005 resulting in Ext.P1 and P2 Judgments. Petitioner stands convicted. Petitioner has preferred Criminal Appeals and he filed petitions resulting in Exts.P3 and P4 interim orders. It is stated that the petitioner was called upon to pay Rs.3,50,888/= towards his liabilities under the Loan Account. It is pointed out that failure to pay the amount will result in imprisonment. I heard Shri K. WPC. 21671/08 E 2 Prabhakaran, learned standing counsel appearing on behalf of the respondent KSRTC also. I would think that having regard to the totality of the facts present in this case, this is a case where the petitioner should be shown deviation from the principle of seniority and I think that it appears to be a genuine case and all the more so, the petitioner retired as a Chargeman. In such circumstances, the Writ Petition is disposed of directing the first respondent to pay to the HUDCO NIWAS, which has sent Ext.P5 on account of the petitioner, the amount due as DCRG in accordance with law and also Commuted Value of Pension within one month from the date of production of a copy of this Judgment. The direction to pay the DCRG need be complied with only after clearing any other liability. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge