IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 23751 of 2008(C) ---------------------------------------------- PETITIONER: ------------------- C.S. MOHANAN, (SUPERINTENDENT, KSRTC, KILIMANOOR DEPOT, RTD. ON 31.5.2007), ENCHAPOYKA VEEDU, PEROOR P.O., KILIMANOOR. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: ----------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. ASSISTANT TRANSPORT OFFICER, KSRTC, KILIMANOOR DEPOT, THIRUVANANTHAPURAM. 3. KILIMANOOR HOUSING CO-OPERATIVE SOCIETY LTD NO. T 778 REPRESENTED BY ITS SECRETARY, KILIMANOOR, THIRUVANANTHAPURAM. 4. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM REGIONAL OFFICE, MALLOOR ROAD, THIRUVANANTHAPURAM-35. R1 & R2 BY SHRI JOHNSON P. JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 23751 OF 2008 C -------------------------------------- Dated this the 13th August, 2008 JUDGMENT Petitioner retired from the service of the respondent Corporation as Superintendent on 31.5.2007. He seeks out of turn payment of pensionary benefits. According to petitioner, he availed loan from the third respondent for construction of residential building and Ext.P2 notice was issued. It is submitted by the learned counsel for petitioner that actually the property has been notified for sale to discharge the loan. Heard the learned standing counsel appearing for the respondent Corporation also. 2. In the facts and circumstances of this case, I feel that the petitioner can be granted relief on the basis of enquiry. Counsel for petitioner points out that a perusal of Ext.P2 would show that the Execution Petition was filed in the year 1999. There will be a direction to the first respondent to conduct an enquiry and conclude the same within ten days from the date of WPC. 23751/08 C 2 receipt of a copy of this Judgment, as to whether the claim of the petitioner is genuine and if the claim of the petitioner is found to be genuine, there will be a further direction to the first respondent to disburse the amount due to the petitioner as DCRG or such amount which is sufficient from out of the DCRG to satisfy the amount mentioned in Ext.P2 whichever is lower, in accordance with law within a period of one month from the date of conclusion of the enquiry. This need be complied with only if the petitioner has no other liability to be satisfied from out of the DCRG. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge