IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 37257 of 2010(F) -------------------------- PETITIONER(S): --------------- C.ARUMUGHAN ASSARY, (CHARGE MAN, K.S.R.T.C., CENTRAL WORKS, PAPPANAMCODE, RETIRED ON 30/11/2008), KOTTUKONATH VEEDU, KODANGAVILA P.O., ARALLUMOODU (VZ), NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695023. 2. KERALA STATE TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD.NO.T.133, THAMPANOOR, THIRUVANANTHAPURAM-695001. BY ADV.SRI.N.NANDAGOPAL NAMBIAR, SC FOR KSRTC - R1 ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.37257 of 2010 ---------------------------------------- Dated 4th January, 2011 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation on 30.11.2008. This writ petition has been filed mainly with the prayer for out of turn disbursement of the pensionary benefits including DCRG and commuted value of pension. 2. I have heard the learned counsel appearing for the petitioner, learned standing counsel for the first respondent and also learned standing counsel for the second respondent. 3. The learned standing counsel appearing for the first respondent submitted that going by the decision of this Court the Corporation is bound to conduct an enquiry into the genuineness of the demand made by the petitioner and the reasons assigned thereon. It is further submitted that in case it is ultimately found that the request of the petitioner is genuine, all the pensionary benefits would be disbursed to him within a period of one month. This is recorded. 4. The learned standing counsel appearing for the second respondent submitted that while the petitioner was in service he had availed two loans from the second respondent society and on account of WP(C).No.37257/2010 2 the default in repayment an amount of Rs.1,22,492/- is due from the petitioner. In view of the aforesaid submissions made by the learned counsel on both sides, this writ petition is disposed of as hereunder:- The first respondent shall enquire into the genuineness of the request and the reasons made by the petitioner for the purpose of getting an out of turn disbursement of the pensionary benefits, that is, in deviation to the guidelines formulated by the Corporation pursuant to the direction of this Court in W.A.No.289 of 2001. In case it is found that the request made by the petitioner is genuine, all the amount due to the petitioner towards the pensionary benefits including DCRG shall be disbursed to him within one month. It is made clear that out of the amount due for disbursement an amount of Rs.1,22,492/- shall be deducted and shall be remitted towards the loan accounts of the petitioner maintained with the second respondent for the purpose of closing the said loan accounts. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge