IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 273 of 2011(H) ---------------------------------- PETITIONER(S): ------------------------- M.ARAVINDAKSHAN PILLAI, 'USHAS', CHAKKUVARAKKAL P.O., KUNNIKODE, KOLLAM DISTRICT, (ASSISTANT TRANSPORT OFFICER, VENJARAMMOODU, RETIRED ON 31/1/2009). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): ------------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM, PIN-695023. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.273 OF 2011 -------------------------------------------- Dated this the 14th day of January, 2011 JUDGMENT The prayer in this Writ Petition filed by a retiree from the Kerala State Road Transport Corporation is for disbursement of his pensionery benefits. The petitioner had availed a loan from the District Co-operative Bank, Kollam in connection with his daughter's marriage. It is contended that the petitioner had already been served with Ext.P4 demand notice by the bank requiring him to pay an amount of Rs.3,61,387/- towards the liability on account of the loan transaction with the said bank. It is in the said circumstances that the petitioner has filed this Writ Petition seeking for a direction to disburse the pensionery benefits on an out of turn basis. The order of priority in the matter of disbursement of DCRG and Commuted Value of Pension is being governed by the guidelines framed pursuant to the decision of this Court in W.A.No.289/2001. Any deviation from the same is possible only in exceptional circumstances. If the contentions of the petitioner are true, certainly, an out of turn disbursement is called for. Therefore, the respondent is directed to look W.P.(C) NO.273/2011 2 into the genuineness of the claim made by the petitioner for getting an out of turn disbursement of the pensionery benefits admitted to him. This shall be done within a period of three weeks from the date of receipt of a copy of this judgment. If ultimately it is found that the reasons and the request made by the petitioner are genuine, the respondent shall remit the amount demanded in terms of Ext.P4 in the loan account maintained in the name of the petitioner with the District Co-operative Bank, Kollam so as to discharge his liability. This shall be done expeditiously, at any rate, within a period of three weeks after ascertaining the genuineness of the claim made by the petitioner. After such remittance the balance amount of pensionary benefits payable to the petitioner shall be disbursed to him within the aforesaid time limit. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.273/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.273/2011 4