IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16663 of 2011(G) ------------------------------------- PETITIONER(S): ----------------------- M.K.PANKAJAKSHAN, S/O.KESAVAN MATTATHUVELI HOUSE, MANAPURAM POST OFFICER CHERTHALA, ALAPPUZHA DISTRICT PIN 688 588 DRIVER RETIRED,KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA. BY ADV. SRI.T.NICLAVU SRI.C.V.MILTON RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 695 023. 3. THE ADMINISTRATIVE OFFICER PENSION KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM 695 023. 4. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA PIN 688 524. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16663/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE PETITIONER. P2:- COPY OF THE MARRIAGE INVITATION LETTER. P3:- COPY OF THE VIVAHA PATHRIKA ISSUED BY THE SECRETARY, SREEKADESWARAM S.N.D.P. BRANCH NO.544. P4:- COPY OF THE RECEIPT 210 DTD. 2.6.2011 FOR RS. 500/- TOWARDS THE ADVANCE OF THE RENT OF THE AUDITORIUM OF SREE GOURINATHA TEMPLE, MAKKEKADAVU. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 16663 OF 2011 -------------------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT This Writ Petition has been filed by a retiree from the service of the Kerala State Road Transport Corporation (for short 'the Corporation') for an out of turn disbursement of the retiral benefits. Disbursement of retiral benefits under the Corporation is being governed by the directions issued by this Court in W.A.No.289/2001. Any deviation from the same is permissible only in exceptional circumstances. To canvass the position that such exceptional circumstances exist in this case, the petitioner has produced Ext.P2. Ext.P2 would reveal that the marriage of his daughter is proposed to be solemnised on 3.7.2011. It is in the said circumstances that the learned counsel for the petitioner contends that the petitioner is entitled to get an out of turn disbursement of retiral benefits including DCRG and Commuted Value of Pension. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondents. In view of Ext.P2, I am of the view that the genuineness of the claims and contentions raised W.P.(C) NO.16663/2011 2 by the petitioner require to be enquired by the competent authority under the Corporation. On such enquiry, if it is found that the requests and reasons stated by the petitioner are genuine, the respondents shall sanction and disburse the DCRG and Commuted Value of Pension to the petitioner within a period of six weeks. This Writ Petition is disposed of , accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16663/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.16663/2011 4