IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27194 of 2010(Y)
1. K.RAVI, (CHARGE MAN, KSRTC, TVM CENTRAL
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION,
... Respondent
2. KERALA STATE TRANSPORT WORKERS
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P(C).No.27194 of 2010
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Dated this the 22nd day of September, 2010
JUDGMENT
The petitioner is a former employee of the Kerala State
Road Transport Corporation. He retired from service on 30-11-
2008 on attaining the age of superannuation. Though pension was
sanctioned and disbursed to him, commuted value of pension,
DCRG and terminal leave surrender benefits have not so far been
disbursed in view of the rule of priority. The petitioner submits
that he had borrowed money from the second respondent society
and from the Peroorkada Service Co-operative Bank Ltd. No.1412,
Trivandrum while he was in service and that in view of the non-
payment of DCRG, commuted value of pension and terminal leave
surrender benefits the loan repayment instalments have fallen in
arrears and that the said societies have taken steps to recover the
amounts due from him. In such circumstances he seeks the
intervention of this Court for expeditious out of turn payment of
DCRG, commuted value of pension and terminal leave surrender
benefits.
2. Sri.N.Unnikrishnan, learned counsel appearing for the
second respondent submits that as on 5.9.2010, the sum of
W.P(C).No.27194 of 2010
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Rs.1,66,215/- was due from the petitioner. He submits that the
Kerala State Road Transport Corporation may be directed to pay over
the sum of Rs.1,66,215/- to the second respondent society and to pay
the balance amount alone to the petitioner. Sri. V.V.Nandagopal
Nambiar, learned standing counsel appearing for the Kerala State Road
Transport Corporation submits that the Peroorkada Service Co-
operative Bank Ltd., No.1412, Trivandrum is not on the party array
and that the Corporation will sanction and disburse the balance
terminal benefits payable to the petitioner after paying off the dues to
the second respondent and also the monies, if any, payable to the
Peroorkada Service Co-operative Bank Ltd. within two months from
today.
In the result the writ petition is disposed of with the following
directions:
(a) The first respondent shall disburse the sum of Rs.1,66,215/-
to the second respondent within one week from the date on which the
second respondent produces a certified copy of this judgment. The
said payment shall be given credit to and adjusted towards the
amounts payable to the petitioner by way of DCRG, commuted value
of pension and terminal leave surrender benefits. The second
respondent shall on receipt of the said sum of Rs.1,66,215/- record full
W.P(C).No.27194 of 2010
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satisfaction of the loan transaction and issue the necessary certificates
to the petitioner and also release the share amount.
(b) The first respondent shall enquire as to whether any amount
is due from the petitioner to the Peroorkada Service Co-operative Bank
Ltd., No.1412, Trivandrum and if after such enquiry the first
respondent is satisfied that any amount is payable by the petitioner,
pay over the said amount to the Peroorkada Service Co-operative Bank
Ltd., No.1412, Trivandrum within two weeks from the date of receipt
of the intimation from the Peroorkada Service Co-operative Bank Ltd.,
No.1412, Trivandrum. The Peroorkada Service Co-operative Bank
Ltd., No.1412, Trivandrum shall on receipt of the payment from the
Corporation record full satisfaction of the loan transaction and issue
the necessary certificates to the petitioner and also release the share
amount.
(c) The balance amount, if any, payable to the petitioner shall
be disbursed to him within the aforesaid period of two months.
P.N.RAVINDRAN,
Judge.
ahg.
P.N.RAVINDRAN, J.
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W.P(C).No.27194 of 2010
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JUDGMENT
22nd September, 2010