IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34898 of 2011(J) -------------------------------------- PETITIONER(S): --------------------- M. JOY VARGHESE, S/O.VARGHESE, MALIAKAL HOUSE, CHIRANGARA, KORATTY EAST POST OFFICE, NOW RESIDING AT MALIAKKAL HOUSE, VALLANCHIRA CANAL ROAD, MURINGOOR P.O., THRISSUR, (DISTRICT TRANSPORT OFFICER-RETIRED, KERALA STATE ROAD TRANSPORT CORPORATION, MALA). BY ADV. 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 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALA-680732. BY ADV. SRI. BABU JOSEPH KURUVATHAZHA, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 34898/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PENSIONER'S PASS NO.01059 ISSUED TO THE PETITIONER. EXT.P2 A TRUE COPY OF DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND ISSUED BY THE DY. TAHSILDAR (RR), MUKUNDAPURAM DATED 21/6/2011. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 34898 of 2011 --------------------------------------- Dated this the 23rd day of December 2011. JUDGMENT Heard the learned counsel for the petitioner and the standing counsel for the respondent Corporation . 2. The writ petition is filed for a direction commanding the respondents to sanction and disburse the Death Cum Retirement Gratuity and Commutation Value of Pension due to the petitioner for discharging the liability due to the S.B.T, Chalakudy branch. 3. Petitioner retired from the service of the 1st respondent Corporation as District Transport Officer, Mala on 31.7.2010. Terminal benefits namely DCRG and Commuted Value of Pension are pending payment. The petitioner availed an Education loan from the Chalady brach of S.B.T. The petitioner produced Ext.P2 demand notice dated W.P.(C) No. 34898/2011 2 21.6.2011 issued by the Deputy Tahsildar (RR), Mukundapuram demanding the petitioner that Rs. 302672/- is to be paid within a period of ten days from the date of service of the demand notice. 4. The petitioner submits that the petitioner could not repay the periodical instalments promptly since he has no other source to pay the same except his retirement benefits. 5. It is 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. 289/2011. This Court had occasion to consider the grievance of other employees in similar matters in W.P.(C) No. 24770/2010. The disbursement of retirement benefits is governed by the directions issued by a Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on the date of retirement unless otherwise ordered by this W.P.(C) No. 34898/2011 3 Court. 6. 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 respondent Corporation to disburse DCRG and Commuted Value of Pension due to the petitioner, within a period of ten days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al