IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 20023 of 2008(H) --------------------------------------------- PETITIONER: ------------------ M.RADHAKRISHNAN NAIR, S/O.MADHAVAN PILLAI, REMA MANDIRAM, KADINAMKULAM, PUTHUKURICHI.P.O, THIRUVANANTHAPUAM. BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE SMT.LIGEY ANTONY RESPONDENTS: ---------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT PERSONAL OFFICER,(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ACCOUNT OFFICER (IA), OFFICE OF THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 4. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.T 133 THAMPANOOR, THIRUVANANTHAPURAM. 5. THE MANAGER, THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, KADINAMKULAM BRANCH, THIRUVANANTHAPURAM. R1 TO R3 BY SHRI JOHNSON P. JOHN, SC, KSRTC. BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R4 SRI.V.G.ARUN FOR R 5 SRI.T.R.HARIKUMAR FOR R 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 20023 OF 2008 H -------------------------------------- Dated this the 15th July, 2008 JUDGMENT Petitioner retired from the service of the respondent Corporation while working as Inspector on 30.11.2007. He claims out of turn payment of his pensionary benefits. He cites the debts due to respondents 4 and 5. He has a case that his wife is suffering from cancer and the treatment expenses have to be incurred for treating his wife who is undergoing treatment for the last several years. Learned counsel for the fourth respondent submits that if the petitioner remits a sum of Rs.67,778/= on or before 31.7.2008, the loan account can be closed. But, if it is not paid before 31.7.2008, petitioner has to remit Rs.1,08,000/= (Rupees One Lakh and Eight Thousand) for payment made after 31.7.2008. Learned counsel for the fifth respondent submits that the amount due is Rs.1,50,000/= as on 17.4.2008 and future interest will also to be charged. Learned standing counsel for WPC.20023/08 H 2 the respondent Corporation submits that enquiries were made and the claim of the petitioner was found to be genuine. In such circumstances, the following directions are issued: There will be a direction to the first respondent to pay a sum of Rs.67,778/= directly to the fourth respondent from out of the DCRG amount due to the petitioner in accordance with law on or before 31.7.2008. There will be a further direction to the first respondent to pay a sum of Rs.75,000/= from out of the DCRG amount due to the petitioner in accordance with law, directly to the fifth respondent towards the loan account. This will be done within a period of three months from the date of receipt of a copy of this Judgment. Both these directions need be complied with if the petitioner has no other liability apart from the liability to respondents 4 and 5 to be satisfied from out of the DCRG. I make it clear that this Judgment will not stand WPC.20023/08 H 3 in the way of the fifth respondent granting the benefit of One Time Settlement Scheme to the petitioner. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge