IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 33069 of 2008(J) -------------------------- PETITIONER(S): --------------- E.SASIKUMAR, S/O.P.L.MUTHUCHETTIAR, HOLY BHAVAN, NEAR BLOCK OFFICE, VADAKKUMBHAGAM, KAZHAKUTTOM PO., THIRUVANANTHAPURAM HVS-RETIRED , KSRTC, KANIAPURAM. BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.PO., THIRUVANANTHAPURAM-23. 2. FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 3. ASSISTANT PERSONAL OFFICER( PENSION) KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 4. ASSISTANT TRANSPORT OFFICER, KSRTC, KANIAPURAM. SHRI.JHONSON P.JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.33069 of 2008 ================== Dated this the 5th day of December, 2008 J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation. He retired from service on 31.12.2007. He seeks out of turn payment of retirement benefits for meeting the expenses for his treatment. He submits that he is a chronic diabetic patient and his left leg was amputated below knee on 23.6.2007. Therefore, he seeks payment of balance retirement benefits for meeting the expenses for further treatment. 2. The learned Standing Counsel appearing for the Corporation submits that, on enquiry, the statements made by the petitioner are found to be true. 3. In the above circumstances, I am satisfied that the petitioner has made out a case for out of turn payment of his DCRG. Accordingly, the respondents are directed to disburse the DCRG due to the petitioner within one month from today. However, I make it clear that this payment shall not be out of the ten per cent set apart for paying off the retirement benefits in w.p.c.33069/08 2 accordance with the priority of the date of retirement, but shall be out of other funds of the Corporation. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge