IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 35005 of 2010(A) -------------------------- PETITIONER(S): --------------- B.SATHYAN, VEDATRAYAM, KAILAS LANE, KLRA-48, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM DISTRICT, (INSPECTOR, KSRTC, RETIRED ON 31/3/2010, PEROORKADA DEPOT). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. 2. CHIEF MANAGER, STATE BANK OF TRAVANCORE, KOWDIAR BRANCH, THIRUVANANTHAPURAM. BY SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR R1 SRI.P.RAMAKRISHNAN, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.35005 of 2010 ----------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT The petitioner is a former employee of the Kerala State Road Transport Corporation (hereinafter referred to as the `KSRTC' for short). He retired from service on 31.3.2010. Though he is being paid monthly pension, it is stated that till date on account of paucity of funds DCRG and commuted value of pension have not been disbursed to him. In this writ petition the petitioner seeks expeditious payment of DCRG and commuted value of pension overlooking priority on the ground that large amounts are payable to the 2nd respondent Bank. 2. Sri.V.V.Nandagopal Nambiar, the learned standing counsel appearing for the KSRTC, submits that if after enquiry the Corporation is satisfied that the petitioner has to clear off the liabilities incurred by him, the Corporation will take steps to pay DCRG and commuted value of pension to the petitioner overlooking priority. 3. Sri.P.Ramakrishnan, learned standing counsel W.P(C).No.35005 of 2010 -:2:- appearing for the State Bank of Tranvancore, submitted with reference to Ext.P2 that the balance amount payable by the petitioner in full discharge of the loan as on 11.11.2010 is Rs.3,89,264.45 and that if the said amount together with interest for the period thereafter is paid within a short period, the Bank will record full satisfaction of the liability. 4. In the light of the facts stated above and having regard to the submissions made at the Bar I dispose of this writ petition with a direction to the respondents to enquire into the genuineness of the claim made by the petitioner for out of turn payment of DCRG and commuted value of pension and to make such payment within one month from the date of production of a copy of this judgment, if the claim of the petitioner is found to be genuine. It will be open to the first respondent to pay over the amounts demanded in Ext.P2 to the 2nd respondent, if the amount of DCRG and commuted value of pension are adequate to meet the said demands. The first respondent shall pay over the balance W.P(C).No.35005 of 2010 -:3:- amount if any, to the petitioner by way of DCRG and commuted value of pension within another one month from the date on which payment is made to the 2nd respondent. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.35005 of 2010 ---------------------------- JUDGMENT 2nd December, 2010