IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 16662 of 2011(G) -------------------------- PETITIONER: --------------- T.GODSING, S/O.P.THOMAS, ROCK COTTAGE, MALAYAM P.O., THIRUVANANTHAPURAM - 695 571 (ASST.TRANSPORT OFFICER, KSRTC, KAYAMKULAM DEPOT, RETIRED ON 31.3.2011. BY ADV. MR.ANANDARAJAN.N RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. 3. THE PERSONNEL OFFICER (PENSION), THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. 4. THE DISTRICT TRANSPORT OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION KAYAMKULAM DEPOT - 681 004. 5. THE CHIEF MANAGER & AUTHORISED OFFICER, UNITED BANK OF INDIA, TRIVANDRUM (CBS) BRANCH, KESAVA TOWERS, 1ST FLOOR, GANDHARI AMMAN KOIL ROAD, THIRUVANANTHAPURAM - 695 001. ADV. MR.M.MOHAMED NAVAZ FOR R5 MR.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16662 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PENSION PAYMENT ORDER OF THE PETITIONER. EXT.P2: DEMAND NOTICE DTD. 22.12.2010 ISSUED BY R5. EXT.P3: POSSESSION NOTICE DTD. 11.3.2011 ISSUED BY R5. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.16662 Of 2011 ---------------------- Dated this the 7th day of September, 2011. J U D G M E N T Heard the learned counsel for the petitioner, standing counsel for the respondent Corporation and learned standing counsel for the 5th respondent bank. 2. The writ petition is filed for a direction to the 1st respondent Corporation to sanction and disburse DCRG, Commuted Value of Pension and Terminal Leave Surrender Salary due to the petitioner for discharging the liability to the 5th respondent bank. 3. The petitioner retired from service of the 1st respondent Corporation as Assistant Transport Officer, on 31.3.2011. Terminal benefits, namely, DCRG, Commuted Value of Pension and Terminal Leave Surrender Salary etc. are pending payment. The petitioner availed a loan of Rs.15 Lakhs from the 5th respondent bank. The petitioner produced Ext.P2 demand notice dated 22.10.2010 issued by the 5th respondent bank informing the petitioner that Rs.17,64,404/- is due from the petitioner towards principal sum and interest. In Ext.P2 the bank ::2:: W.P.(C).No.1662 Of 2011 directed the petitioner to discharge the liabilities to the bank within 60 days. If the liability is not discharged within the said date, it is further stated that the bank shall have recourse to one or more of the measures provided under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, as may be required besides other course of action in accordance with law. Ext.P3 is the copy of the possession notice dated 11.3.2011 issued by the 5th respondent bank. 4. The petitioner submits that the petitioner could not repay the periodical instalments promptly since he has no other source to pay the same except his salary. The liability was incurred in connection with the construction of house. 5. It is pointed that the disbursement of terminal benefits is likely to be delayed considering the date of retirement in view of the guidelines issued by this Court in W.A.No.289/2001. This Court had occasion to consider the grievance of other employees in similar matters in W.P.(C).No.24770/2010. The writ petition was disposed of with a direction to the respondent Corporation to ::3:: W.P.(C).No.1662 Of 2011 disburse the retirement benefits within one month from the date of receipt of a copy of the judgment. The disbursement of retirement benefits is governed by the directions issued by a Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on the date of retirement unless otherwise ordered by this Court. 6. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbursement of the retirement benefits is genuine. In these circumstances, this Court direct the respondent Corporation to disburse DCRG, Commuted Value of Pension and Terminal Leave Surrender Salary due to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-