IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 9428 of 2008(V) ------------------------- PETITIONER: ------------ V.N.THANKAPPAN, S/O.P.K.NARAYANAN, SMITHA BHAVAN, THALACHIRA P.O., VETTIKAVALA, KOTTARAKKARA, KOLLAM DISTRICT. (ASST.TRANSPORT OFFICER - RETIRED, K.S.R.T.C., PUNALUR). BY ADV. SRI.N.ANANDARAJAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 3. THE ASSISTANT PERSONAL OFFICER(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 4. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., PUNALUR. BY ADV.SRI.JOPHNSON P.JOHN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.9428 of 2008(V) ======================= Dated this the 2nd day of April, 2008 JUDGMENT The petitioner is a retired employee of the KSRTC who retired on 31.5.2007. He raised a claim for out of turn payment of his DCRG/Commuted Value of Pension on the ground that for his daughter's marriage on 20.12.2007, he had to incur heavy expenses for which he had to take loans and now he is faced with recovery proceedings for recovery of loan amounts taken by him from the Kollam District Co-operative Bank as also the Kottarakkara District State Transport Employees Co-operative Society Ltd. In view of the coercive recovery proceedings initiated for recovery of the said amounts, the petitioner seeks out of turn payment of the amounts. 2. I have heard the learned standing counsel for the Corporation also. In view of the documents produced by the petitioner, I am satisfied that the petitioner is entitled to out of turn payment of the amounts to the extent covered by Exts.P4 and P6. Accordingly, the writ petition is disposed of with the W.P.(C) No.9428/2008/V -2- following directions: The 1st respondent shall forward a cheque of Rs.27,978/- to the Kottarakkara District State Transport Employees Co- operative Society Ltd. No.Q158 in payment of the amounts covered by Ext.P4. The 1st respondent shall forward another cheque of Rs.88,460/- to the Kollam District Co-operative Bank in payment of the amounts covered by Ext.P6. These amounts shall be deducted from the DCRG/Commuted Value of Pension payable to the petitioner. However, I make it clear that these amounts shall not be from the 10% set apart as per the scheme made by this Court but shall be from other funds of the Corporation, as has been done by the Division Bench in similar cases, of out of turn payments. S.SIRI JAGAN, JUDGE jp