IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 27445 of 2008(P) --------------------------------------- PETITIONER: ------------------- S.SURENDRAN, (SUPERINTENDENT, KSRTC, TVM CENTRAL DEPOT, RTD. ON 31.10.207), SREE KRISHNA BHAVAN, VILAVOORKKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN. RESPONDENT: --------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2008, ALONG WITH W.P.(C). NO. 31178/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27445/2008-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PENSION AND DCRG PAYMENT ORDER ISSUED TO THE PETITIONER DTD. 14/11/2007. EXT.P.2: COPY OF THE MARRIAGE INVITATION LETTER DTD. NIL. EXT.P2.A: COPY OF THE AUDITORIUM BOOKING RECEIPT DTD. 15/04/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NOS.27445, 27514, 27574, 27603, 27826, 28158, 28218, 28397, 28445, 28537, 28543, 28637, 28963, 29854, 30040, 30065, 30213, 30218, 30558, 30657, 30758, 30978, 31178 & 32436/2008 ----------------------------------------- Dated 16th December, 2008. JUDGMENT Balakrishnan Nair, J. W.P.(C) Nos.27445, 27514, 27574, 28158, 28397, 28445, 28537, 28637, 28963, 29854, 30040, 30065, 30213, 30218, 30558, 30657 & 31178/2008: The petitioners in these writ petitions are retired employees of the Kerala State Road Transport Corporation. As per the scheme evolved by this Court by order dated 18.10.2001 in W.A.No.289/2001, they are waiting in the queue to receive the D.C.R.G and commuted value of pension payable to them. These writ petitions are filed by them, claiming out of turn payment of the aforementioned terminal benefits, in view of the marriage of their daughters. All the petitioners have WPC 27445/08 & CONN.CASES 2 approached this Court before the proposed date of marriage. Because of the delay from the part of this Court, the writ petitions were not heard or disposed of in time, but the marriages were solemnized as scheduled. The petitioners pray, to meet the expenses incurred for the marriage of their daughters, the terminal benefits due to them may be released out of turn. 2. In all these cases, the K.S.R.T.C has filed statements, admitting the genuineness of the claim raised by the writ petitioners. But, the K.S.R.T.C would submit that out of turn payment can be made only from the 10% daily collection set apart to meet the pensionery claims of the retired employees, as per the order in W.A.No.289/2001. 3. Since the claim of the petitioners for out of turn payment is found to be genuine, the K.S.R.T.C is directed to pay the D.C.R.G and commuted value of pension payable to the writ petitioners within two months from the date of production of a copy of this judgment. In view of the judgment in W.P.(C) No.33094/2007 and connected cases dated 10.3.2008, the payment to the petitioners shall be made not from the 10% daily collection set apart as per the direction in W.A.No.289/2001, WPC 27445/08 & CONN.CASES 3 but from other funds of the K.S.R.T.C. The Writ Petitions are disposed of as above. W.P.(C) Nos.27603, 28218, 28543, 30758 & 30978/2008: 4. In these cases, the petitioners, who are pensioners of the K.S.R.T.C., claim out of turn payment of the D.C.R.G and commuted value of pension due to them. The claim for payment is made, based on the fact that the marriages of their daughters are round the corner. The K.S.R.T.C has filed statements in these writ petitions, admitting the genuineness of the claim made by the petitioners. In view of the above position, these writ petitions are also liable to be allowed. We do so. The directions issued by us today in W.P.(C) No.27445/2008 & connected cases, are issued in these cases also. In other words, the directions in the above said judgment shall be treated as the directions in these writ petitions also. W.P.(C) Nos.27826 & 32436/2008: 5. The petitioners in these writ petitions are suffering from heart and kidney problems respectively. They claim out of turn payment of the terminal benefits due to them from the K.S.R.T.C., to meet the WPC 27445/08 & CONN.CASES 4 medical expenses. The K.S.R.T.C has filed statements in these writ petitions, admitting the genuineness of their claim. But, the Corporation would point out that the payment to them may be made from the 10% daily collection set apart to pay the pensionery benefits to the retired employees. But, we find no reason to deviate from the decision of this Court in W.P.(C) No.33094/2007 and connected cases dated 10.3.2008. Accordingly, the K.S.R.T.C is directed to release the amounts due to the petitioners towards D.C.R.G and commuted value of pension within two months from the date of production of a copy of this judgment. The said payment shall be made not from the 10% daily collection set apart for payment to the pensioners, but from other funds, as directed in W.P.(C) No.27445/2008 & connected cases, disposed of by us today. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/ WPC 27445/08 & CONN.CASES 5