IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23402 of 2011(A) -------------------------- PETITIONER: ------------------ C.SREEKUMAR,(CHARGE MAN, KSRTC,REGIONAL WORK SHOP ALUVA,RETIRED ON 31.3.2011),THEKKEVILA VEEDU,CHILAMPIL,SASTHAVATTOM.P.O,VIA-PERUMKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: --------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT,THIRUVANANTHAPURAM. 2. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T.133,REPRESENTED BY ITS SECRETARY,THAMPANOOR,THIRUVANANTHAPURAM. ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R2 BY STANDING COUNSEL SRI BABU JOSEPH KURUVATHAZHA FOR 1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.23402/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF FREE PASS ISSUED TO THE PETITIONER DTD. NIL. EXT.P2 TRUE COPY OF NOTICE DTD.1-8-2011. EXT.P3 TRUE COPY OF LETTER DTD. 23/8/2011. RESPONDENTS' EXTS: NIL. TRUE COPY P.S. TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 23402 OF 2011 ------------------------------- DATED THIS THE 29TH DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. 2. This writ petition is filed seeking a direction to the lst respondent to disburse pensionary benefits including DCRG, commuted value of pension etc. to the petitioner with interest immediately. Petitioner retired as Chargeman from the service of the Corporation on 31/3/2011. The terminal benefits namely, DCRG and commuted value of pension are pending payment. Petitioner availed a loan from the 2nd respondent-Society. The loan repayment fell in arrears. Therefore, the Arbitrator of the 2nd respondent-Society issued Ext.P2 notice. Ext.P3 is the communication issued by the Works Manager, KSRTC, Regional Workshop, Aluva addressed to the 2nd respondent-Society informed the Society that the liability of `2,59,500/- has been posted in the -2- W.P.(C).No.23402/2011 salary card of the petitioner and that the said amount will be deducted from his pensionary benefits. It is pointed out that he has no other means than his terminal benefits to remit the entire loan amount. Petitioner is legally entitled to get the pensionary benefits immediately on his retirement. 3. This Court had occasion to consider the grievance of other employees in W.P.(C).No.24770/2010 and other connected cases. This Court in the judgment in the said writ petition issued a direction to the lst respondent to disburse the retirement benefits within one month from the date of receipt of a copy of the judgment, after conducting due enquiry into the claim of the petitioner. For the disbursement of retirement benefits to the retired employees this Court issued directions in W.A.No.289/2001 and based on the guidelines, the retirement benefits shall be disbursed strictly based on the date of retirement unless otherwise ordered by this Court. 4. Petitioner submits that the 2nd respondent-Society has extended the period of one time settlement scheme by name 'Aswas -3- W.P.(C).No.23402/2011 2011' for settling the loan till 15th September, 2011 and that if the loan amount is not settled by availing the benefit of OTS scheme, the petitioner will be compelled to pay huge amounts by way of interest and penal interest. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbursement of the terminal benefits for the purpose of discharging the liability is genuine. 5. In the circumstances, this Court direct the lst respondent-Corporation to pay the amount towards the outstanding liability of the petitioner due to the 2nd respondent-Society on or before 15th September, 2011, so as to enable the petitioner to avail the benefit under the one time settlement scheme namely, 'Aswas 2011'. The balance amount due to the petitioner will be governed by the directions issued by the Division Bench of this Court in W.A.No.289/2001. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.