IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 37375 of 2007(Y) ---------------------------------------- PETITIONER: --------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY DEPUTY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT: ----------------------- SRI.P.MUSTAFA KAMAL, S/O.ABDUL KHADER, ROSE HOUSE, TC 46/986 (1), MANICKAVILAKAM, POONTHURA P.O., THIRUVANANTHAPURAM - 695 026. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37375/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT NO.1283/2007 DTD. 25/05/2007. EXT.P2: COPY OF THE ORDER OF THE KERALA LOK AYUKTA ON COMPLAINT NO.1283/2007 DTD. 03/10/2007. EXT.P3: COPY OF THE LETTER NO.LR8-023330/07 DTD. 20/07/2007. EXT.P4: COPY OF THE JUDGMENT IN W.A.NO.289/2001 DTD. 20/11/2002. EXT.P5: COPY OF THE INTERIM ORDER IN CIVIL APPEAL NOS.5401-5407 OF 2002 DTD. 29/08/2002 OF THE HONOURABLE SUPREME COURT. EXT.P6: COPY OF THE JUDGMENT IN WP9C) NO.19040/207 DTD. 09/08/2007. EXT.P7: COPY OF THE JUDGMENT IN W.A.NO.1642/2007 DTD. 06/07/2007. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE MEDICAL CERTIFICATE DTD. 27/04/2007 ISSUED FROM DEPARTMENT OF NEPHROLOGY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.R1(B): COPY OF THE TREATMENT CERTIFICATE DTD.11/05/2007 ISSUED FROM ANANTHAPURI HOSPITALS AND RESEARCH INSTITUTE, THIRUVANANTHAPURAM. EXT.R1(C): COPY OF THE CERTIFICATE DTD. 26/12/07 ISSUED BY SENIOR CONSULTANT NEPHROLOGIST, ANANTHAPURI HOSPITALS AND RESEARCH INSTITUTE, THIRUVANANTHAPURAM. /TRUE COPY/ P.S.TO JUDGE Kss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.37375 of 2007 ======================== Dated this the 1st day of February, 2008. JUDGMENT Balakrishnan Nair,J. The Kerala State Road Transport Corporation (K.S.R.T.C.) is the writ petitioner. The first respondent retired from its service on 31.3.2007. As per the orders of this Court in W.A.No.289 of 2001, the amounts due to the retired employees have to be released according to the priority list prepared with reference to their date of retirement. But the petitioner claiming payment out of turn approached Lok Ayukta and the said authority by Ext.P2 directed to release the entire amount out of turn. This writ petition is filed by the K.S.R.T.C. challenging the competence of the Lok Ayukta to entertain the claim of the respondent and grant reliefs. 2. The contention of the K.S.R.T.C. is supported by several decisions of this Court including a recent decision of a Division Bench of this Court in W.P.(C) No.33183 of 2007. But having WP(C) 37375/07 -: 2 :- regard to the special facts of the case noticing that the respondent is suffering from renal failure and is therefore undergoing dialysis, we asked the K.S.R.T.C. to file a statement after making an enquiry regarding the genuineness of the claim of the respondent. The K.S.R.T.C. has filed a statement in which it is stated as follows: "It is submitted that the Chairman of KSRTC made an enquiry about the reasons stated by the petitioner in the above IA through Sri.N.G.Milton, Inspector, KSRTC, Pappanamcode and he has submitted a report after a detailed enquiry in the matter and he stated that Sri. Mustafa Kamal, the petitioner in the IA has been under medical treatment for quite some time in the Medical College, Thiruvananthapuram and Thiruvananthapuram Ananthapuri Hospital and it has been revealed on examination of records of the Hospitals that he has examined the record relating to the continued treatment maintained in the Ananthapuri Hospital. At present he has been undergoing dialysis for two days in a week. It is also stated that he is facing huge financial difficulties, that he conducted his daughters marriage recently and his son is studying in the Engineering College and has no other income, and WP(C) 37375/07 -: 3 :- now he is under the treatment of Dr.Kasiveswran of the Department of nepthology in the Trivandrum Hospital. Doctor has also advised for operation." The above statement filed by the K.S.R.T.C. after making an enquiry into the claim of the respondent through one of its Inspectors would show that his claim is genuine and his case should be dealt with differently. 3. In view of the above noted special facts of this case, the order of the Lok Ayukta has to be set aside. We do so. The K.S.R.T.C. shall pay the D.C.R.G. due to the respondent within a month from today. For the balance amount, he may wait in the queue. Writ petition is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 1/2