IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 21166 of 2011(U) -------------------------- PETITIONER: --------------- SHERLY SUNNY, AGED 43 YEARS, W/O. LATE P.U. SUNNY, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA, EXPIRED ON 25/08/2009 PALLIKKUNNEL HOUSE, MONIPPALLY.P.O, KOTTAYAM - 686 636. BY ADV. MR.K.P.JUSTINE (KARIPAT) RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-23. 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA. ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21166 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: IDENTITY CARD OF THE PETITIONER DTD. 14.8.1998. EXT.P2: DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND ISSUED BY THE UZHAVOOR GRAMA PANCHAYATH DTD. 8.9.2009. EXT.P2(a): MEMORANDUM ISSUED BY RESPONDENT CORPORATION DTD. 26.9.2009. EXT.P3: LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, TALUK OFFICE, MEENACHIL DTD. 23.1.2010. EXT.P4: REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R1 DTD.14.7.2011. EXT.P5: JUDGMENT DTD. 18.11.2010 IN W.P.(C).NO.34108/2010 (K) OF THIS COURT. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JDUGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21166 Of 2011 ---------------------- Dated this the 1st day of September, 2011. J U D G M E N T The writ petition is filed for a direction directing respondents 1 to 3 to sanction and disburse the gratuity, family pension, Staff Welfare Fund and Provident Fund amount due to the husband of the petitioner. 2. Heard the learned counsel for the petitioner and the standing counsel for the respondent Corporation. 3. Petitioner is the wife of late P.U.Sunny, who was employed as driver in the Kerala State Road Transport Corporation (for short 'Corporation'). He died while in service on 25.8.2009 leaving behind the petitioner and other legal heirs. The petitioner submits that pensionary benefits namely, gratuity, family pension, Staff Welfare Fund and Provident Fund etc. are pending payment. The petitioner submits that the father of her late husband is a heart patient, undergoing treatment, and that considerable amount is required for his treatment. It is also stated that the petitioner's daughter is studying for bachelor decree course, namely, B.Sc. Nursing. For meeting the educational expenses also, the petitioner is in dire need of ::2:: W.P.(C).No.21166 Of 2011 money. It is stated in the writ petition that the petitioner could not meet the above said expenses since she has no other source of income. 4. It is pointed out that the disbursement of the pensionary benefits is governed by the directions issued by a Division Bench of this Court in W.A.No.289/2001 and based on the guidelines, the retirement benefits would be disbursed strictly based on the date of retirement unless otherwise ordered by this Court. 5. Taking into consideration the facts stated above, this Court is convinced that the reason stated for an early disbursement of the pensionary benefits is genuine. In these circumstances, the respondent Corporation is directed to disburse the pensionary benefits due to the late husband of the petitioner, including the arrears of family pension within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-