IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 6893 of 2010(I) ------------------------- PETITIONER(S): --------------- I.SALIM, CHARUVILA PUTHEN VEEDU, MUSSAVARIKKUNNU, PUNALUR.PO,KOLLAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. KERALA ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. 2. SECRETARY, KST WORKER'S CO-OPERATIVE SOCIETY LTD.NO.5.133 THAMPANOOR, THIRUVANANTHAPURAM-695001. 3. MANAGER, KERALA STATE CO-OPERATIVE BANK LTD, KOLLAM BRANCH, ANANDAVALLEESSWARAM, KOLLAM-691 013 ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R3 SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R2 SRI.V.V.N. NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).6893/2010 -------------------- Dated this the 19th day of March, 2010 JUDGMENT Petitioner retired from the services of the 1st respondent as a Charge man on 30.9.2008. His Commuted Value of Pension and DCRG have not been disbursed so far. He submits that in order to discharge his liability to respondents 2 and 3, 1st respondent should immediately disburse the amount that is due to him. 2. 2nd respondent points out that the petitioner owes an amount of Rs.1,04,472/- to them. Similarly the 3rd respondent submits that the petitioner owes Rs.1,63,701/- as on 1.11.2008. If as stated by respondents 2 and 3, amounts are due to them, petitioner is justified in requesting for payment on a preferential basis. Therefore, the writ petition is disposed of with the following directions. 3. It will be open to the 1st respondent to discharge the liability that the petitioner owes to respondents 2 and 3 out of W.P.(C).6893/10 2 Commuted Value of Pension and DCRG that is due to the petitioner. It is made clear that if the amount is sufficient to discharge the liability, liability will be discharged and if the amount is insufficient, liability will be proportionately discharged. It is also directed that if any excess amount is due after discharging the liability to respondents 2 and 3, balance amount will be paid to the petitioner. The whole process as above shall be completed as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs