IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 9181 of 2008(R) ------------------------- PETITIONER: ------------ T.I. KUNJUMON, KUTTIKKATTIL HOUSE ANJILITHANAM PO, KAVIYOOR, THIRUVALLA BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP RESPONDENTS: ------------- 1. MANAGING DIRECTOR, KSRTC THIRUVANANTHAPURAM. 2. A.T.O., THIRUVALLA DEPOT, THIRUVALLA. 3. ASSISTANT SECRETARY KERALA STATE HOUSING BOARD, DIVISION OFFICE THIRUVALLA. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.9181 of 2008 ================== Dated this the 27th day of March, 2008 J U D G M E N T The petitioner is a retired employee of the KSRTC, who retired from service on 30.9.2005. In view of the fact that, as per the scheme framed by this court, DCRG and commuted value of pension payable to the petitioner can be paid only in accordance with the priority of the date of retirement, the said amounts have not been paid to the petitioner yet. However, the petitioner points out that in view of the Division Bench judgment of this court, the right of the persons to get out of turn payment in appropriate cases has been saved. The petitioner would submit that he is liable to repay the house building advance taken from the Kerala State Housing Board. By Ext.P2, he has been directed to pay an amount of Rs.1,36,296/- before 31.3.2008 to close the loan account, failing which he would lose the benefit of One Time Settlement. Therefore, he seeks out of turn payment of the DCRG and commutated value of pension to pay off the amounts due from the petitioner to the Kerala State Housing Board. w.p.c.9181/08 2 2. I have heard the learned Standing Counsel appearing for the Corporation as also the learned Standing Counsel appearing for the Kerala State Housing Board. 3. In view of Ext.P2, I am satisfied that the petitioner has made out a case for out of turn payment to enable him to avail of One Time settlement facility offered by the third respondent by Ext.P2. Accordingly, I direct the 1st respondent to forward a cheque for Rs.1,36,296/- to the 3rd respondent within two weeks from the date of receipt of a copy of this judgment. This mount shall be deducted from the DCRG and commuted value of pension due to the petitioner. I further direct the third respondent to accept the said payment in compliance of Ext.P2 even if the same is received beyond 31.3.2008 in view of the peculiar facts and circumstances. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.9181/08 3