IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 27814 of 2009(V) -------------------------- PETITIONER(S): --------------- S.D SREENIVASAN, KARTHIKA,CHOWARA,CHOWARA P.O., VIA BALARAMAPURAM,THIRUVANANTHAPURAM DISTRICT, (SUPERINTENDENT-RETIRED K.S.R.T.C.CHIEF OFFICE) 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 P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, K.S.R.T.C,TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 3. THE PERSONNEL OFFICER (PENSION), K.S.R.T.C.,TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. MR.JOHNSON P.JOHN, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27814 of 2009 --------------------------------- Dated, this the 19th day of October, 2009 J U D G M E N T The petitioner, a Superintendent under the 1st respondent, retired from service on 31/03/2009. His terminal benefits such as DCRG and Commutation Value of Pension have not been released, and the petitioner has been awaiting for his turn to get these payments. The petitioner submits that his son Mr.S.L.Adarsh got admission to two year MBA (Banking Management) Programme in NMIMS University, Mumbai under merit quota, based on all India selection. According to him, for meeting the expenses in connection with his son's admission he has to raise money, and for that the only source is the terminal benefits that are due to him from the 1st respondent. It is in view of this, this writ petition is filed praying for a direction to the respondents to release the amount due to him forthwith. 2. I heard the learned standing counsel appearing for the respondents, who refers me to the judgment of this Court in WP(C) No.27814/2009 -2- W.A.No.289/01. 3. True, the Division Bench has passed such a direction laying down the guidelines to release the amount. But however, taking into account the individual cases of this nature, this Court has been issuing directions to release amount and make out of turn payments as well. Considering the urgency of the matter, and the genuineness of the reason urged, it is directed that the amount due to the petitioner towards DCRG and Commutation Value of Pension shall be released to the petitioner. This shall be done as expeditiously as possible, at any rate, within one month from the date of production of a copy of this judgment. However, it is clarified that, if there is any liability to be set off, it will be open to the respondents to make such appropriation. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg