IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2939 of 2011(N) ------------------------------------- PETITIONER: ------------------- P.A.THOMAS, SENIOR ASSISTANT, RETIRED ON 31-03-2010 KSRTC, SULTANBATTERY, RESIDING AT PANICKASSERIL HOUSE, NARIKUNDU, NEAR REST HOUSE, AMBALAVAYAL,WAYNAD. BY ADVS. SRI.P.P.SOMAN NAIR, SRI.K.S.MURALIKRISHNAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O, TRIVANDRUM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSRTC, FORT P.O, TRIVANDRUM-23. 3. THE ASSISTANT ACCOUNTS OFFICER, KSRTC, FORT P.O, TRIVANDRUM-23. 4. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, SULTANBATTAERY P.O, WAYANAD.34. R1 TO R4 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.2939 OF 2011 -------------------------------------------- Dated this the 8th day of February, 2011 JUDGMENT This Writ Petition has been filed by a retiree from the service of the Kerala State Road Transport Corporation (for short 'the Corporation') for an out of turn disbursement of the retiral benefits. Disbursement of retiral benefits under the Corporation is being governed by the directions issued by this Court in W.A.No.289/2001. Any deviation from the same is permissible only in exceptional circumstances. To canvass the position that such exceptional circumstances exist in this case, the petitioner has produced Exts.P4 and P6. Ext.P4 would reveal that the petitioner had availed two agricultural loans from the State Bank of Travancore, Kolagappara Branch, Wayanad. Ext.P6 would reveal that the petitioner's wife had availed a loan of Rs.50,000/ in connection with the marriage of their daughter from Aiswarya Ayalkoottam, Narikundu. It is in the said circumstances that the learned counsel for the petitioner contends that the petitioner is entitled to get an out of turn disbursement of retiral benefits including DCRG and Commuted Value of Pension. W.P.(C) NO.2939/2011 2 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondents. In view of Exts.P4 and Ext.P6, I am of the view that the genuineness of the claims and contentions raised by the petitioner require to be enquired by the competent authority under the Corporation. On such enquiry, if it is found that the requests and reasons stated by the petitioner are genuine, the respondents shall sanction the DCRG and Commuted Value of Pension for the purpose of discharging his liability in terms of Exts.P4 and P6. This Writ Petition is disposed of , accordingly (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.2939/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.2939/2011 4