IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).NO. 4484 OF 2011(I) ------------------------------------ PETITIONER(S): ---------------------- S. YESUDASAN, S/O.STEPHEN, ABBIN NIVAS KUMBALAM P.O., MULAVANA, KOLLAM. BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): ------------------------- 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 PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KSRTC, KOLLAM-02. R1 TO R4 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 4484 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2011 J U D G M E N T The petitioner who is a retiree from the service of the Kerala State Road Transport Corporation(for short 'Corporation') filed this writ petition seeking for an out of turn disbursement of the DCRG and commuted value of pension. He retired from its service on 31.3.2010. Disbursement of retiral benefits such as DCRG and commuted value of pension to the retirees from the Corporation are being governed by the directions issued by this Court in Writ Appeal No.289/2001. A deviation from the said direction is permissible only in exceptional circumstances. To show the existence of such an exceptional circumstance, warranting an out of turn disbursement of the aforesaid retiral benefits, the petitioner has produced Ext.P2 to P4, which would reveal that the petitioner is a chronic heart patient and is undergoing treatment at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram. The petitioner was advised for Coronary Artery By Pass Surgery and due to WPC No.4484/2011 : 2 : his financial difficulties, the operation was postponed to 26.5.2011. The learned standing counsel for the respondent submitted that the genuineness of the said contention would be enquired into. It is further submitted that in case it is ultimately found that the request of the petitioner is genuine, all the pensionary benefits would be disbursed to him expeditiously. In view of the aforesaid submission made by the learned standing counsel for the respondent, this writ petition is disposed of as hereunder:- The respondent shall enquire into the genuineness of the request and the reasons made by the petitioner for the purpose of getting an out of turn disbursement of the pensionary benefits, that is, in deviation from the directions of this Court in W.A.No.289 of 2001. In case it is found that the request made by the petitioner is genuine, all the amount due to the petitioner towards the pensionary benefits including DCRG shall be disbursed to him within one month from today. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge