IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 31516 of 2008(B) -------------------------------------- PETITIONER: ------------------- P.J.PETER, S/O.JOSEPH, AGED 58 YEARS, PULIYEZHATH HOUSE, ELAMKUNNAPUZHA, OCHANTHURUTH P.O., ERNAKULAM. BY ADV. SMT.P.A.ANITHA RESPONDENTS; ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DEPUTY CHIEF ACCOUNTS OFFICER (IA), THE KERALA STATE ROAD TRANSPORT CORPORATION LTD. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31516 OF 2008-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PROCEEDINGS NO.PA7/20694/05 DATED 3.12.2005 OF THE 2ND RESPONDENT EXT.P1(A) TRUE COPY OF PENSION PAYMENT ORDER EXT.P2 TRUE COPY OF THE ORDER SANCTIONING DCRG TO THE PETITIONER DTD.3.12.05 EXT.P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16.10.08. EXT.P4 TRUE COPY OF THE TREATMENT RECORDS OF ELIYAMMA PETER OBTAINED FROM THE MEDICAL COLLEGE HOSPITAL, KOZHIKODE. / TRUE COPY / J.B.Koshy, Ag.C.J. & V.Giri, J. ------------------------------------------ W.P.(C) No.31516 of 2008 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. Petitioner was an employee of the Kerala State Road Transport Corporation. He retired from service on 30.11.2005 after service of more than 29 years. His pension was sanctioned in 2005. However, his gratuity amount is not paid even though the amount was sanctioned by Ext.P1(a) proceedings. Petitioner's wife is a cancer patient. Ext.P3 is the certificate of the Department of Radio Therapy, Medical College, Kozhikode. Petitioner wants his D.C.R.G., commuted value of pension, etc. as expeditiously as possible. Kerala State Road Transport Corporation is facing serious financial difficulties. When retiral benefits were retained by the Corporation in large number of cases, a Division Bench of this Court held that it should be paid on priority basis. But it is also stated that out of turn payment can also be given in extreme circumstances. Treatment of W.P.(C) No.31516 of 2008 2 his wife, a cancer patient, is a circumstance which needs out of turn payment. Even otherwise gratuity is not a bounty. In the above circumstances, we direct the Corporation to give the gratuity and other balance retiral benefits payable to the petitioner within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. J.B.Koshy, (Ag. Chief Justice) V.Giri, (Judge) vns