IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 31588 of 2008(I) ------------------------------------- PETITIONER(S): --------------------- K.S.MOHANAN, S/O.SUBRAMANIAN, KATTIPARAMBIL HOUSE, PAZHAMPILLY THURUTH, CHENDAMANGALAM.P.O, ERNAKULAM DISTRICT.(INSPECTOR- RETIRED,K.S.R.T.C, MALA) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23. 3. THE ASSISTANT PERSONAL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23 4. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C, MALA. ADV. SHRI.K.PRABHAKARANA, SC, KSRTC FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, ALONG WITH W.P.(C).21231 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 21231 & 31588 OF 2008 ============================ DATED THIS THE 7TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. They are indebted to financial institutions, which have taken steps to recover the amounts due to them from the petitioners. So, these writ petitions are filed seeking out of turn payment of their death-cum-retirement gratuity. This Court has already held that only in rare cases out of turn payment should be ordered. Serious illness of the pensioner and want of funds for treatment and also the marriages of daughters have been held to be grounds for deviation from the priority list. If indebtedness to financial institutions is taken as a ground then the priority list will lose meaning. It is common knowledge that these days every employee will be indebted to one or more financial institutions. In the result, these writ petitions fail and they are accordingly dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI, JUDGE ks.