IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 12642 of 2009(A) -------------------------- PETITIONER(S): --------------- P.G.GOPALAKRISHNAN NAIR, S/O.K.K.GOPALA PANICKER, AGED 56 YEARS, INSPECTOR (RETD.), KSRTC, CHANGANASSERY AND RESIDING AT PUTHENPURACKAL HOUSE MADAPPILLY P.O., CHANGANASSERY. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. REP.BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KSRTC, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, CHANGANASSERY. BY ADV.SRI.K.PRAHBAKARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12642 OF 2009 ------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT 1. Heard. 2.The petitioner retired from the service of the first respondent on 30.4.2008. Some time in 2004, Vijaya Bank instituted a suit against him and obtained a decree, which, in turn, was put in execution in 2007. He now faces distress action by personal execution, the civil court having issued warrant of arrest. To secure himself from such proceedings, the petitioner states that he needs out of turn release of Death Cum Retirement Gratuity and Commuted Value of Pension from his employer. In terms of the directions issued by this Court and orders of the Apex Court, amounts are being released in the order of seniority with reference to the respective date of retirement. In the given case the petitioner has demonstrated that absence of funds to discharge the liability to the bank would result in deprivation of personal liberty by arrest and detention. He WPC.12642/09 Page numbers has, therefore, demonstrated fair grounds for an order for out of turn release of his retiral benefits from out of the 10% to be earmarked in terms of the directions of the Apex Court. 3. In the result, this writ petition is ordered directing that the Death Cum Retirement Gratuity and the Commuted Value of Pension due to the petitioner will be released within a period of three months to enable him to pay the same to the bank and avoid further distress action. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/5.