IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32416 of 2008(H) -------------------------- PETITIONER(S): --------------- K.S.THANKASWAMY, S/O.SIVATHANU, THUDALIKKALA VEEDU, PAZHUVILA, DEVICODE, CHERUVALLOOR PO., KANYA KUMARI DISTRICT, (CHARGEMAN-RETIRED KSRTC, C/W, PAPPANAMCODE). BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): --------------- 1.THE KERALA STATE ROAD TRANSPORT CORPORATION REP. BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, , KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT PERSONAL OFFICER( PENSION) KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 4. THE MECHANICAL ENGINEER, KSRTC, C/W.PAPPANAMCODE. SRI.K.PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 32416 OF 2008-H ----------------------------------------- Dated 10th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.5.2007. His daughter's marriage was solemnised on 17.8.2007. The petitioner submits, he borrowed substantial amounts for the said marriage from a person after executing Ext.P4 promissory note on 12.8.2007. He could not repay the amount. Therefore, he prays, the terminal benefits due to him may be released out of turn. The financial difficulties of a pensioner is not a ground for releasing the pensionary benefits out of turn. If it is taken as a ground, every pensioner will come forward, pointing out his financial difficulties and claiming payment out of turn. So, the payment as per the priority list of pensioners prepared with reference to their date of retirement will become meaningless. Therefore, the prayer of the WPC 32416/08 2 petitioner cannot be granted. Accordingly, the writ petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/