IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 38422 of 2010(C) -------------------------- PETITIONER(S): --------------- C.JAYALEKSHMI, (SENIOR ASSISTANT, KSRTC, KATTAKADA DEPOT, RTD. ON 31/3/2010), MANTHIKKALAM HOUSE, KUTTICHAL, PARUTHIPPALLY, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): --------------- KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY SRI.V.V.NANDAGOPAL SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 38422 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 J U D G M E N T The petitioner retired from the service of the Kerala State Road Transport Corporation(for short 'Corporation') as a Senior Assistant on 31.3.2010 on attaining the age of superannuation. This writ petition has been filed mainly with a prayer to direct the respondents to disburse the retiral benefits including DCRG, commuted value of pension and terminal leave surrender salary etc. The disbursement of such retiral benefits under the Corporation is being governed by the directions issued by this Court in Writ Appeal No.289/2001. Obviously, in deviation from the same is permissible only in exceptional circumstances. To contend that such exceptional circumstance exists in this case, the petitioner has produced Ext.P2 and P3. Ext.P2 is a certificate of marriage which would reveal that the marriage of the petitioner's daughter was solemnized on 24.3.2008. The contention is that to solemnize the said marriage the petitioner has to borrow amounts from her kith and kids and WPC.38422/2010 : 2 : now they are demanding for repayment of the same. That apart, it is contended that Ext.P3 would reveal that the petitioner herself had undergone a surgery at PRS Hospital,Thiruavananthapuram. Ext.P3 would reveal that it has also incurred a huge expense. It is in the said circumstances that the petitioner contends that he is entitled to a direction as has been given in similar writ petitions by this Court, as is obvious from Ext.P5 judgment. 2. Considering all these aspects, I am of the view that the claims and contentions raised by the petitioners are to be enquired through a competent officer under the respondents. This shall be done at the earliest. On such enquiry if the claims and contentions of the petitioner are found genuine, the retiral benefits including DCRG, Commuted value of pension and terminal leave surrender salary shall be disbursed to the petitioner expeditiously, at any rate, within a period of two months thereafter. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge