IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WA.No. 2479 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35263/2008 .................... APPELLANT(S): PETITIONER ------------------------ K. SURENDRAN, S/O. P. KUTTAN, RETIRED VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RESIDING AT TINKU BHAVAN, VAMANAPURAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTNAPURAM. 2. KERALA HOUSING CO-OPERATIVE BANK LTD. NO. T. 751, REPRESENTED BY ITS SECRETARY, KALLARA.P.O, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 3. ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING CORPORATION, THIRUVANANTHAPURAM REGIONAL OFFICE, MALLOOR ROAD, VANCHIYOOR.P.O, THIRUVANANTHAPURAM. ADV.K.PRABHAKARAN, SC FOR K.S.R.T.C THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19 /12 / 2008 , THE COURT ON 19/12/2008 DELIVERED THE FOLLOWING: J.B.KOSHY, Ag C.J & THOMAS P.JOSEPH, J. ----------------------------------------------- W.A.NO.2479 OF 2008 ----------------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT KOSHY,Ag C. J, Appellant retired from the service of Kerala State Road Transport Corporation on 30.11.2007. The grievance of the appellant is that, his prayer for out of turn payment of his retirement benefits to discharge debts due from him to third parties was not granted. The pension granted to him was not paid by the respondents. He further contends that he has taken a housing loan while he was in the service. Due to non-payment of the amount, notice was issued putting his property to sale. Ext.P2 was produced to prove the same. Unless DCRG is paid, he is unable to pay the amount. It is true that DCRG payable to the retired employees in Kerala State Road Transport Corporation were not being paid in time due to financial difficulties. A Division Bench of this Court in WP(C) Nos.21231/08 and 31588/08 held that retirement benefits should be granted as expeditiously as W.A.NO.2479/08 2 possible and in a priority basis considering the date of retirement. However, in exceptional circumstances, out of turn pension can be granted. 3. In view of the above circumstances pointed out, to avoid the sale of appellant's residential house, the first respondent K.S.R.T.C is directed to pay the DCRG amount to the appellant as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment. The Writ Appeal is disposed of as above. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS.P.JOSEPH JUDGE. sks/-