IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 2221 of 2008(M) ------------------------- PETITIONER: ------------ K.K.ASOK KUMAR,S/O.K.SRISHNANKUTTY KURICKASSERY HOUSE, KATTOOR PO, KALAVOOR, ALAPPUZHA.(CONDUCTOR RETIRED,KSRTC ALAPPUZHA. BY ADV. SRI.ANANDARAJAN.N SRI.K.K.MANGALANANDAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN,FORT P.O., THIRUVANANTHAPURM-23 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O., THIRUVANANTHAPURM-23 3. THE ASSISTANT ACCOUNTS (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT P.O., THIRUVANANTHAPURM-23 4. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA. BY SRI. JOHNSON P. JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2221 OF 2008 ---------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation who retired from service on 31.5.2005. The DCRG and Commuted Value of Pension have not been paid to the petitioner yet, probably because of the Division Bench decision, which stipulates that payment of DCRG and Commuted Value of Pension shall be in accordance with the priority of retirement. The petitioner now contends that he has been proceeded against under the Keala State Co-operative Agricultural Development Bank Act for recovery of an amount of Rs.96,211/- as evidenced by Exts.P2, P3 and P4. The petitioner therefore seeks out of turn payment of his DCRG and Commuted Value of Pension for satisfying the above debt, failing which the petitioner's residential property would be sold for recovery of the said amount. 2. I have heard the learned standing counsel for the KSRTC also. He opposes the prayer. According to him the W.P.(c) No.2221/08 2 KSRTC can disburse the amount only in accordance with the priority of retirement, in accordance with the Division Bench decision. 3. I note that in the Division Bench decision itself the claim for out of turn payment in appropriate cases can be entertained. This is a case where the petitioner's residential property is being proceeded against for recovery of loan amounts due from him to a Bank. In the above circumstances, I am of opinion that the petitioner has made out a case for out of turn payment of retirement benefits due to the petitioner. 4. Accordingly I direct the respondents to directly pay an amount of Rs.96,211/- to the Kerala State Co-operative Agricultural Development Bank, Alappuzha Branch, within a period of two weeks from the date of receipt of a copy of this judgment. The said amount shall be deducted from the pensionary benefits due to the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.2221/08 3