IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 19290 of 2011(I) ------------------------------------- PETITIONER: ------------------- ABDUL KARIM,AGED 56,S/O.MAITHEEN PICHA, 'AJIVIHAR',PUTHENCODE,THIRUVANANTHAPURAM. BY ADVS. SRI.BLAZE K.JOSE, SRI.A.N.SHAJI MURAMMEL. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN,FORT P.O, THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION),KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN,FORT P.O, THIRUVANANTHAPURAM. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD,PIN- 678 001. R1 TO R4 BY SRI. V.V. NANDATGOPAL NAMBIAR, S.C, K.S.R.T.C, SRI.BABU JOSEPH KURUVATHAZHA,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.19290/2011-I: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE PENSION PAYMENT ORDER. EXT.P.2: COPY OF THE MARRIAGE INVITATION LETTER. EXT.P.3: COPY OF INTIMATION LETTER FROM STATE BANK OF INDIA, POTHENCODE BRANCH DTD. 11/06/2011. EXT.P.4: COPY OF LETTER FROM THE FEDERAL BANK, POTHENCODE BRANCH DTD. 12/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 19290 OF 2011 ------------------------------- DATED THIS 11TH THE DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the petitioner and the Standing Counsel for the respondents. 2. This writ petition is filed for a direction to the respondents to sanction and disburse the Death-Cum-Retirement Gratuity and the commuted value of pension due to the petitioner for meeting the urgent needs, pursuant to Exts.P2 to P4. 3. Petitioner retired from the service of the lst respondent-Corporation on 31/3/2011. Terminal benefits, namely, DCRG, commuted value of pension etc. are pending payment. 4. It is averred in the writ petition that the petitioner was of the bona fide belief that the DCRG and commuted value of pension would be disbursed immediately after retirement and he can utilize the same for meeting the expenses incurred for the marriage of his daughter. It is further averred that the petitioner -2- W.P.(C).No.19290/2011 availed loans from his relatives, friends and the gold ornaments from his relatives for conducting the marriage of his daughter and that he was under bona fide belief that he can settle these debts on getting his pensionary benefits. Petitioner has also availed loans from the State Bank of India and Federal Bank, Pothencode Branch for the conduct of the marriage of his daughter and the amount is outstanding. It is further stated that the petitioner could not repay the periodical instalments promptly, since he has no other source to pay the same except the salary. Ext.P2 is the copy of the invitation card of the marriage of his daughter, which shows that the marriage was solemnized on 27th June, 2010. It is also pointed out that the disbursement of terminal benefits is likely to be delayed considering the date of retirement, in view of the guidelines issued by this Court in W.A.No.289/2001. The petitioner further averred that the only source of money for settling the liability is the pensionary benefits due from the respondent-Corporation. Ext.P4 is the letter dated 12/5/2011 issued by the Manager, Federal Bank -3- W.P.(C).No.19290/2011 directing the petitioner to repay a sum of Rs.2,69,822/- and interest and other charges from 01/05/2011 and further directed the petitioner to close the account by remitting the entire amount within 30 days. 5. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbursement of the retirement benefits is genuine. In these circumstances, this Court direct the lst respondent-Corporation to disburse the DCRG and commuted value of pension due to the petitioner within a period of one month from today. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.