IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 10442 of 2008(R) -------------------------- PETITIONER: ------------ I. LIAKATHU KUNJU, K.V. HOUSE, VAZHIMUKKU, POOVAR ROAD,BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. (TINKER SPL.GRADE (RETD. NO.31-05-07), K.S.R.T.C. CENTRAL WORKS, PAPPANAMCODE). BY ADV. SRI.ANANDARAJAN.N SRI.K.K.MANGALANANDAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, K.S.R.T.C., TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT PERSONNEL OFFICER(PENSION) K.S.R.T.C., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-23. 4. THE MECHANICAL ENGINEER (WORKS), KERALA STATE ROAD TRANSPORT CORPORATION, CENTRAL WORKS, PAPPANAMCODE. BY ADV. SRI. JOHNSON P. JOHN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10442 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th April, 2008. J U D G M E N T A retired employee of the Kerala State Road Transport Corporation, who has been threatened with proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on account of the non- payment of loan amounts taken from the Thiruvananthapuram District Co-operative Bank, has approached this Court for a direction to the 1st respondent to pay to the petitioner DCRG and commutted value of pension due to him out of turn. Learned standing counsel for the Corporation does not dispute the genuineness of the petitioner's claim. In view of Ext. P2, I am satisfied that the petitioner has made out a case for out of turn payment. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to forward a cheque to the said Bank out of the amounts available to be paid as retirement benefits to the petitioner sufficient to satisfy Ext. P2, if there is sufficient amounts. If there is no sufficient amount, the cheque shall be for the available amount. The payment shall be made from other funds of the Kerala State Road Transport Corporation and not from the 10% collection set apart for paying amounts due to the pensioners who are waiting in the queue. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.