IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 10641 of 2008(P) -------------------------- PETITIONER: ------------ K.GANGADHARAN, MECHANIC (RETIRED), KOYILERIAN HOUSE, IORRINAVU (VIA), CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT: ---------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.D BY SRI. K. PRABAHAKARAN – SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.10641 OF 2008 ---------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation who retired on 31.5.2005. Although he has to stand in the queue in accordance with the priority of date of retirement for getting DCRG and Commuted Value of Pension in accordance with the Scheme framed by this Court, he seeks out of turn payment of the retirement benefits because of his serious ailments for treating which he requires large sums of money. 2. I have heard the learned Standing Counsel for the Corporation also. The learned Standing Counsel on instructions submits that on enquiry, the claim of the petitioner is found to be genuine. The petitioner has also produced medical records to prove his ailments by Ext.P4. The doctor, who has treated him, has recommended that his treatment would require an amount of Rs. 2 lakhs. In the above circumstances, I am satisfied that the petitioner has made out a case for out of turn payment. W.P.(c)No.10641/08 2 3. Accordingly, I direct the respondent to pay to the petitioner the balance retirement benefits due to him within a period of one month from the date of receipt of a copy of this judgment. The payment shall be made from other funds of the KSRTC and not from the 10 per cent collection set apart for paying amounts due to the petitioners who are waiting in the queue. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.10641/08 3