IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22687 of 2010(I) -------------------------- PETITIONER(S): --------------- S.K.GOPALAKRISHNAN NAIR, (CHARGEMAN, KSRTC, CENTRAL WORKS, RETIRED ON 30.11.2008), KUMAR BHAVAN, ANANTHESWARAM, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. SHRI V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22687/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of July, 2010 J U D G M E N T The petitioner herein retired from the service of the Corporation on 30/11/2008. The grievance is that his retirement benefits including D.C.R.G, C.V.P etc. are not disbursed to him. 2. The petitioner is stated to be affected by cancer and Ext.P2 is the true copy of the treatment certificate issued by the Regional Cancer Centre, Thiruvananthapuram. It is pointed out that he has to spend huge amount for the treatment expenses and unless the amounts are disbursed, it will put him in great hardship. 3. The criteria No.5 in a Division Bench Judgment of this Court in W.A.No.289/2001 shows that the retirement benefits can be disbursed strictly on the basis of the date of retirement unless otherwise ordered by the order of this Court. Therefore, if genuine reasons are found, the claim for release of the amounts can be considered by this Court. Herein, the petitioner is pleading the necessity of release of the amount in the light of the fact that he is undergoing treatment. 4. The learned counsel for the petitioner further submitted that he is having liability to certain loan W.P.(C). No.22687/2010 -:2:- transactions on the loans availed. He is the principal debtor in one transaction as well as a surety in another one. Therefore, it is prayed that the recovery may be confined to the amount covered by the D.C.R.G and not the Commuted Value of Pension. 5. In that view of the matter, there will be a direction to the respondent to conduct due enquiry to the demands raised by the petitioner and, if the reasons shown by the petitioner are found genuine, there will be a direction to disburse the admissible C.V.P and D.C.R.G, but the respondent will be free to recover the liability if any from the D.C.R.G only, for the time being. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE