IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 7523 of 2009(I) ------------------------- PETITIONER(S): --------------- N.RAJAN, S/O.NAGELAN, KURAPPATH HOUSE, PALAKKAD, (RETD. TYRE RETREADER, KSRTC). BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE WORKS MANAGER KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORK SHOP, ALUVA. BY SRI. K. PRABHAKARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 7523 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st March, 2009. J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation. He retired from service on 30-6-2007. According to the petitioner, the petitioner is suffering from coronary artery disease, unstable angina and double vessel disease. The petitioner contends that the petitioner needs large amounts of money for coronary artery by-pass grafting as also for medical treatment, which, according to the petitioner, would come to about Rs. 3 lakhs. The petitioner therefore seeks out of turn payment of his DCRG and commutted value of pension for treatment expenses. 2. Learned standing counsel for the Corporation, on instructions, submits that the claim of the petitioner is genuine. 3. A Division Bench of this Court has already held that out of turn payment can be considered for treatment of retired employee of the Kerala State Road Transport Corporation or his spouse. In the above circumstances, I am satisfied that the petitioner has made out a case for out of turn payment. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to disburse the DCRG and commutted value of pension due to the petitioner within one month from the date of receipt of a copy of this judgment. However, I make it clear that this payment shall not be out of the ten percent set apart for paying off the retirement benefits W.P.C. No. 7523/2009. -: 2 :- in accordance with the priority of the date of retirement, but shall be out of other funds of the Corporation. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.