IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 2964 of 2011(U) ------------------------------------- PETITIONER: ------------------- MOHAMMED KUNJU, S/O.ALIYAR KUNJU, AGED 56 YEARS, RETIRED FROM SERVICE, RESIDING AT MUNEER MANZIL, MUKUNDAPURAM P.O., CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADVS. SRI.P.RADHAKRISHNAN NAIR, SRI.B.SAJEEV KUMAR, SRI.M.K.THANKAPPAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASST. TRANSPORT OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION, KARUNAGAPPALLY. R1 TO R3 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.2964 of 2011 ---------------------------- Dated 31st January, 2011 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.3.2010. Earlier, he had approached this Court by filing W.P.(C)No.29164 of 2010 for disbursement of DCRG. After taking into consideration of the rival contentions, the said writ petition was disposed of as per Ext.P3 judgment directing the respondents to enquire into the genuineness of the claim made by the petitioner for an out of turn disbursement of DCRG. Thereupon, an enquiry was conducted and on finding the reason assigned by the petitioner as genuine DCRG was disbursed to him. Subsequently, the petitioner has been served with Ext.P5 demand notice by the District Co- operative Bank, Kollam requiring the petitioner to pay an amount of Rs.25,700/-. It is stated thereunder that in case of his failure to remit the aforesaid amount coercive steps would be taken against him. The petitioner is constrained to file this writ petition in the said circumstances. True that, disbursement of pensionary benefits under the Kerala State Road Transport Corporation is governed by the directions of this Court in W.A.No.289 of 2001. A deviation from the same viz., out of turn disbursement of pensionary benefits is permissible only in WP(C).No.2964/2011 2 exceptional circumstances. Ext.P5 would reveal that the petitioner is now called upon to discharge a debt arising out of a loan transaction. 2. I have heard the learned counsel appearing for the petitioner as also the learned standing counsel for the respondents. 3. The contention raised by the petitioner requires to be enquired into by the respondents to find out the genuineness of the claim and contention. This shall be done within a period of three weeks from today. In case it is found that the reason assigned by the petitioner is genuine, the commuted value of pension shall be sanctioned and from the sanctioned amount, an amount of Rs.25,700/- shall be remitted directly to the District Co-operative Bank, Kollam in the loan account standing in the name of the petitioner to regularise the said loan account. The balance amount due shall be disbursed to the petitioner within a further period of two weeks. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge