IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 13063 of 2011(G) -------------------------- PETITIONER(S): --------------- D.KARTHIKEYAN,LAKSHMI BHAVAN, ARUVIKKARA.P.O,THIRUVANANTHAPURAM DISTRICT. (INSPECTOR, VELLANADU DEPOT OF KERALA STATE ROAD TRANSPORT CORPORATION . RETIRED ON 31/3/2011) BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695023. 2. SECRETARY,KERALA STATE TRANSPORT WORKER'S CO-OPERATIVE SOCIETY LTD.NO.T.133,THAMPANNOOR, THIRUVANANTHAPURAM-695001. BY SRI.V.V.NANDAGOPAL NAMBIAR (SC FOR KSRTC) BY SRI. N,UNNIKRISHNAN (SC FOR KSTW CO.OP SOCIETY) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------ W.P.(C)No.13063 OF 2011 ------------------------ Dated this the 6th day of May, 2011 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation, the first respondent herein. He retired from service on 31/3/2011 on attaining superannuation. He complains that his retirement benefits have not been disbursed to him till date. According to the petitioner, he had availed a loan from the 2nd respondent Society which he could not repay due to financial problems. Recovery steps have been initiated by the 2nd respondent as per Ext.P2 demand notice. The petitioner contends that he has no other means to pay off his liabilities other than his retirement benefits. Therefore, he prays for a direction to disburse to him his retirement benefits without further delay. 2. The learned counsel for the first respondent submits that the retirement benefits of employees of the first respondent are being paid in accordance with the guidelines issued by this court in W.A. No.289/2001. However, he concedes that in appropriate cases, this court has issued orders directing out of WPC.No. 13063/2011 2 turn disbursement of the retirement benefits. 3. Sri.N.Unnikrishnan, learned standing counsel for the 2nd respondent Society submits that as per Ext.P2, an amount of Rs.1,69,000/- is due and payable by the petitioner. Any direction for payment of the retirement benefits may be made only after directing the amount demanded in Ext.P2 to be deducted and remitted to the 2nd respondent. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to disburse to the petitioner his retirement benefits including the DCRG and Commuted Value of Pension as expeditiously as possible and at any rate within one month from the date of receipt of a copy of this judgment, after conducting an enquiry and ascertaining whether the need, as put forward by the petitioner, is genuine and also after remitting the amount of Rs.1,69,000/- demanded under Ext.P2 to the 2nd respondent society. K.SURENDRA MOHAN, JUDGE. dpk WPC.No. 13063/2011 3