IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22253 of 2009(B) --------------------------------------- PETITIONER: ------------------- BABU K.SURESH, (SUPERINTENDENT, KSRTC, KOTTARAKKARA, RETIRED ON 30.11.2008), SINDURY, THEKKEVILA P.O., KOLLAM. BY ADV. MR.K.P.RAJEEVAN. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, K.S.R.T.C, KOTTARAKKARA DEPOT. 3. STATE BANK OF INDIA, REPRESENTED BY ITS THE BRANCH MANAGER, KOLLAM. R1 & R2 BY MR. JOHNSON P. JOHN, SC, KSRTC, R3 BY MR. P.V. SURENDRANATH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22253 OF 2009 ------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT The petitioner and his wife obtained a housing loan from the State Bank of India. Accruals grew, resulting in distress action. Petitioner's wife filed a writ petition and obtained an order for payment in instalments of Rs.50,000/- per month. But that is only a temporary relief in the sense that the payments in instalments will only cause interest to further grow and accrue. I am satisfied that the petitioner's request for out of turn payment of D.C.R.G. and Commuted Value of Pension is justified in view of the fact that he has to save his residential building and also pay off the total outstandings in the housing loan. Therefore, this writ petition is ordered directing that the D.C.R.G. and C.V.P. will be paid to the petitioner out of turn from the 10% earmarked for such purpose. Let that be done within a period of 45 days. The KSRTC will issue the Pay Order in favour of the SBI which will settle the accounts and return excess, if any available, to the petitioner. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/8.