IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WA.No. 2132 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.24131/2009 Dated 24/08/2009 .................... APPELLANT(S): PETITIONER: ------------------------- T.R.BALACHANDRAN (PAINTER SPECIAL GRADE, PPD NO.39538, KSRTC, MAVELIKARA STATION) S/O.RAMACHANDRAN, AGED 57 YEARS, KRISHNA KRIPA, CHENIYAMEDU, CHENGANNUR. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): RESPONDENTS: --------------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE WORKS MANAGER, REGIONAL WORKSHOP, KERALA STATE ROAD TRANSPORT CORPORATION, MAVELIKARA. 3. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR. BY ADV. SRI. JOHNSON P. JOHN - SC FOR KSRTC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2132 OF 2009 --------------------------------------------- Dated this the 29th day of September, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. He approached this Court praying for a direction to the first respondent for an out of turn settlement of his pensionary benefits. The petitioner sought to rely on Ext.P1 treatment summary and Ext.P2 order passed by the learned Judicial First Class Magistrate II, Haripad in a petition under Section 12 of the Protection of Women from Domestic Violence Act. Ext.P1 would show that the petitioner had undergone an open heart surgery and the indication in Ext.P2 is that the petitioner had to settle the share due to his daughter-in- law. The learned Single Judge declined to interfere with the matter since the payment was apparently by way of 'sthreedhana'. We are afraid, that is not what is intended in Ext.P2. It is only a share of the daughter-in-law and Ext.P1 would show that the petitioner had undergone an open heart surgery. 2. Though normally, this Court would not interfere with the discretion of the learned Single Judge, we find that this is a situation where W.A. NO. 2132/2009 2 the learned Single Judge had declined to exercise jurisdiction where such exercise was warranted. The documents would prima facie show that the appellant is entitled to be considered for an out of turn settlement of his pensionary benefits. After all, it is more than two years since the appellant/petitioner retired from service. He retired on 28.2.2007. In the circumstances, we set aside the judgment of the learned Single Judge and dispose of the Writ Appeal and the Writ Petition, directing the first respondent to settle the pensionary benefits due to the appellant on an out of turn basis. This shall be done within a period of one month from the date of production of a copy of this judgment. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2132/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2132/2009 JUDGMENT 29th September, 2009