IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24213 of 2010(B) -------------------------- PETITIONER(S): --------------- V.O.DEVASSY, S/O.V.V.OUSEPH, VADAKKUMPADAN HOUSE, KADUKUTTY P.O., THRISSUR DISTRICT, PIN-680 309, (CHARGEMAN-RETIRED, K.S.R.T.C, R/W, ALUVA). BY ADV. SRI.C.V.MILTON RESPONDENT(S): --------------- 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-23. 4. THE MECHANICAL ENGINEER, K.S.R.T.C., REGIONAL WORKSHOP, ALUVA. SHRI V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24213/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2010 J U D G M E N T The petitioner voluntarily retired from the service of the Corporation as Chargeman-Auto from Regional Workshop, Aluva on 28/02/2010. Ext.P1 is the copy of the relieving order. Ext.P2 is the copy of the Pension Payment Order issued to the petitioner. He is aggrieved by the delay in disbursal of D.C.R.G and Commuted Value of Pension. It is submitted that he is suffering from carcinoma stomach for the last two years and is under treatment at Medical Trust Hospital, Ernakulam. Further, he had also undergone surgery and Ext.P3 is the medical certificate issued in this regard. It is further submitted that he had to spend Rs.1,30,000/- in the hospital alone and his treatment is still continuing. He had availed loan from different sources and is unable to meet the requirement to pay back the debts. The petitioner has filed this writ petition seeking for a direction to the respondents to disburse the D.C.R.G and Commuted Value of Pension on an out of turn basis. 2. Heard the learned Standing Counsel for the Corporation. W.P.(C). No.24213/2010 -:2:- 3. The directions issued by this Court in W.A.No.289/2001 permits modification of the criteria to disburse the amounts on the basis of the date of retirement, if otherwise ordered by this Court. Therefore, in genuine cases, this Court can direct them to disburse the amount. There will be a direction to the respondents to conduct due enquiry in the matter and disburse the benefits within a period of one month. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE