IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1032 of 2011() ------------------------ PETITIONER(S): --------------- J. JAYACHANDRAN NAIR, AGED 56 YEARS, S/O. JANARDHANAN PILLAI, RESIDING AT MAKAM, VADAKKUM BHAGOM, KONNTHALLOOR, CHIRYANKIL, TRIVANDRUM - 695 304. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, TRIVANDRUM. BY SRI V.V. NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 1032 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 J U D G M E N T The priority in the matter of disbursement of retiral benefits to the retirees from the service of the Kerala State Road Transport Corporation is being governed by the directions of this Court in Writ Appeal No.289/2001. An out of turn disbursement of the said benefits is permissible only in exceptional circumstances. According to the petitioner there exists such an exceptional circumstance in this case, warranting an out of turn disbursement of retiral benefits. To substantiate the said contention petitioner has produced Exts.P2 and P3, both dated 9.9.2010. Exts.P2 and P3 would reveal that demand notices have been issued by Chirayinkeezhu Service Co-operative Bank Ltd.,No.1155 requiring the loanees namely, the wife and son of the petitioner, to clear the outstanding dues and threatening them with coercive steps in case of their failure to clear the entire arrears outstanding towards the said loan accounts. As per Ext.P3 an amount of Rs.1,85,147/- has been demanded. The WPC.No.1032/2011 : 2 : learned counsel appearing for the petitioner submits that in case of failure to discharge the liability in terms of Exts.P2 and P3 it would undoubtedly result in distrain of the residential building that has been mortgaged as a collateral security for availing the aforesaid loan. In case, the claim and contention of the petitioner are true, definitely it will justify an out of turn disbursement of retiral benefits. Therefore, it is up to the respondent to look into the genuineness of the reason assigned by the petitioner. In the circumstances, this writ petition is disposed of with a direction to the respondents to enquire into the genuineness of the claim put forth by the petitioner and in case, it is found that the reason assigned by the petitioner is genuine, the DCRG, commuted value of pension and other retiral benefits payable to the petitioner shall be disbursed within a period of two months so as to enable the petitioner to discharge aforesaid liabilities. Writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge