IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 34088 of 2008(G) ----------------------------------- PETITIONER: ---------------- MOHANACHANDRAN NAIR.C.S, S/O.SEKHARAN NAIR, AGED 56 YEARS, KOCHUMELEVEEDU, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI. V.S. BABU GIREESAN RESPONDENT: ----------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY SRI. K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34088 OF 2008 ---------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation, who retired on 30.4.2008. He seeks out of turn payment of his retirement benefits on the ground that he is an acute cardiac patient, who was undergone open heart surgery at KIMS Hospital, Thiruvananthapuram and he needs urgent funds for treatment. 2. I have heard the learned Standing Counsel for the Kerala State Road Transport corporation also. The learned Standing Counsel on instructions submits that the claim of the petitioner is genuine. 3. In the above circumstances, the petitioner has made out a case for out of turn payment of part of his retirement benefits. Accordingly, the respondent is directed to disburse the DCRG due to the petitioner within a period of one month from the date of receipt of a copy of this judgment. However, I make it clear that such payment shall not be out of the 10% income set W.P.9c)No.34088/08 2 apart for payment of retirement benefits to retired employees, but shall be from out of other funds of the K.S.R.T.C. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd