IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 28379 of 2008(C) -------------------------- PETITIONER: --------------- V.REGHUNATHAN ANANDA MANDIRAM, NELLIPPALLY P.O. PUNALUR, KOLLAM DISTRICT (SUPERINTENDENT, RETIRED ON 31.05.2008 FROM PUNALUR DEPOT) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT: --------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM 695 023. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PENSION PAYMENT ORDER NO. 41438 ISSUED BY THE RESPONDENT CORPORATION. EXT.P2: TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM THE MEDICAL COLEGE HOSPITAL,THIRUVANANTHAPURAM AFTER SURGERY. EXT.P3: TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM AFTER SECOND SURGERY. EXT.P4: TRUE COPY OF CERTIFICATE ISSUED BY DR.T.S.GOPAKUMAR, SHOWING EXPENSES DATED 10-7-2008. EXT.P5: TRUE COPY OF MEDICAL BILLS SHOWING EXPENSES FOR PURCHASE OF MEDICINE. TRUE COPY P.S.TO JUDGE: K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 28379 OF 2008 ============================ DATED THIS THE 16TH DECEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner retired from the service of the Kerala State Road Transport Corporation on 31-5-2008. The Death-Cum- Retirement Gratuity and commuted value of pension are yet to be released to him. His wife underwent a major surgery on 9-4-2008 for replacement of her left knee. It was followed by another major surgery replacing her right knee on 9-7-2008. The petitioner submits, he has already spent about rupees three lakhs. So, he is in dire need of money for the continued treatment of his wife and also for meeting educational expenses of his children. So, he prayed for out of turn payment of the pensionary benefits due to him. 2. Normally, the pensioners have to wait till their respective turn arises to receive the terminal benefits due to them. In WPC.28379/2008 -2- exceptional circumstances, this Court has ordered to make payment out of turn. Such circumstances include marriage of daughters and also treatment of serious illness like heart ailments or cancer. We feel that it is not just or proper to add Osteoarthritis of knee also along with the above diseases. The petitioner retired from service only very recently. If he is allowed to jump the queue, most of the pensioners, waiting for the last three years, will be affected. So, we feel that the ground urged by the petitioner cannot be taken as a special ground warranting an order for out of turn payment. Accordingly, the writ petition is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI, JUDGE ks. WPC.28379/2008 -3-