IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 37418 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- G. BALAKRISHNAN NAIR, (INSPECTOR, K.S.R.T.C. THIRUVANANTHAPURAM CITY DEPOT, RETIRED ON 31-3-2010) KRISHNA KRIPA, TC 6/1260 (1) MARUTHAN KUZHI, KANJIRAMPARA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. PIN- 695 023 2. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY, LTD. NO.T-133, THAMPANOOR, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC FOR KSRTC R2 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37418 OF 2010 -------------------------- Dated this the 17th day of December, 2010 J U D G M E N T The petitioner is a former employee of the Kerala State Road Transport Corporation (hereinafter referred to as the Corporation for short). He retired from service on 31.3.2010 on attaining the age of superannuation. Upon retirement, payment of monthly pension was sanctioned and is being disbursed to him. However DCRG and Commuted Value of Pension have not been disbursed for the reason that the petitioner's turn for such payment has not arisen. In this writ petition the petitioner seeks out of turn payment of DCRG and Commuted Value of Pension. The petitioner contends that in connection with the marriage of his daughter, which was solemnised on 30.8.2007, he had to borrow funds and that under Ext.P3 award passed by the Arbitrator, upon a claim made by the second respondent society, he is liable to pay the sum of Rs.1,53,255/- and interest thereon from 15.4.2010. In this writ petition the petitioner seeks out of turn payment of DCRG and Commuted Value of Pension in order to enable him to clear the liability arising out of Ext.P3 award and to repay the loan availed by him in connection WPC No.37418/2010 2 with his daughter's marriage. 2. Sri. V.V.Nandagopal Nambiar, the learned standing counsel appearing for the Corporation submitted that the Corporation will enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and Commuted Value of Pension and disburse the same within two months from today, if his claim is found to be genuine. Sri. N.Unnikrishnan, the learned standing counsel appearing for the second respondent submitted that if the award amount due as on 31.12.2010 is paid within one month from today, the second respondent will record full satisfaction of Ext.P3 award. In such circumstances, I dispose of this writ petition with the following directions: (i) The competent authority in the Corporation shall enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and Commuted Value of Pension and take steps to disburse the same within two months from today, if the claim is found to be genuine. (ii) The second respondent shall communicate to the Managing Director of the Corporation the amount due as on 31.12.2010 under Ext.P3 award within two weeks from the date on which the peitoiner WPC No.37418/2010 3 produces a certified copy of this judgment. Thereupon, the competent authority in the Corporation shall pay over the said amount directly to the second respondent. This shall be done within two weeks from the date of receipt of the intimation from the second respondent. (iii) The balance amount, if any, due to the petitioner by way of DCRG and Commuted Value of Pension shall be disbursed to him if his claim for out of turn payment in connection with the expenses incurred for the marriage of his daughter is found to be genuine, within one month thereafter. P.N.RAVINDRAN, (JUDGE) vps WPC No.37418/2010 4 WPC No.37418/2010 5