IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 12169 of 2008(M) -------------------------- PETITIONER(S): --------------- M. MURALEEDHARAN NAIR, AGED 56 YEARS, S/O. MADHAVAN PILLAI, USHUS, T.C.NO.68/2448, THIRUVALLOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ACCOUNT OFFICER (IA), OFFICE OF THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,THIRUVANANTHAPURAM. 4. THE SECRETARY, KOLIYOOR SERVICE CO-OPERATIVE BANK LTD.NO.2665, MUTTAIKKADU P.O., THIRUVANANTHAPURAM. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T.133, THIRUVANANTHAPURAM-1. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R5 SRI.JOHNSON P.JOHN, SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008 ALONG WITH W.P.(C) NO.22639/2008 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 12169/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE PENSION PAYMENT ORDER NO.39277. EXT.P2 - TRUE COPY OF THE MARRIAGE INVITATION LETTER OF NISHA, THE DAUGHTER OF THE PETITIONER. EXT.P3 - TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 29.6.2007 TO THE PETITIONER. EXT.P4 - TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 29.6.2007, TO SMT.J.USHA. EXT.P5 - TRUE COPY OF THE LAWYER'S NOTICE ISSUED BY THE 5TH RESPONDENT DATED 18.3.2008. RESPONDENTS' EXTS. EXT.R5(A) – A TRUE COPY OF STATEMENT OF RECOVERY POSITION OF THE WRIT PETITIONER IN WP(C) NO.12169/2008-W /TRUE COPY/ K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------- W.P.(C) NOS. 12169, 22639, 25333, 26796, 27575, 28168, 28189, 28321, 29421 & 31597/2008 ----------------------------------------- Dated 5th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. They have approached this Court, praying for a direction to the K.S.R.T.C., to pay out of turn the D.C.R.G and the commuted value of pension due to them, on the ground that they are facing recovery proceedings initiated by financial institutions like Co-operative Societies etc., to which they are indebted. The point raised by the petitioners is covered against them by the judgment of this Court in W.P.(C) No.32356/2008 and those in several other similar cases. Serious illness of the pensioner/his family member or marriage of the pensioner's daughter and poor financial condition of WPC 12169/08 ETC. 2 the family to meet the expenses can, normally, be treated as a ground for out of turn payment. If indebtedness to banks etc., is taken as a ground, most of the pensioners can raise that ground. The result will be that the queue system of the pensioners based on their dates of retirement will collapse. Therefore, these writ petitions are dismissed. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. Nm/