K.P.Soman Nair vs The Managing Director on 10 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33023 of 2008(F)


1. K.P.SOMAN NAIR, S/O. KUNJUKRISHNA
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

                For Petitioner  :SRI.RASHEED C.NOORANAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :10/11/2008

 O R D E R
                        S.SIRI JAGAN, J
                 ==================
                  W.P(C)No.33023 of 2008
                 ==================
       Dated this the 10th day of November, 2008.

                        J U D G M E N T

The petitioner retired from service of the Kerala State

Road Transport Corporation on 31.07.2005. The petitioner’s

grievance is that the petitioner has not been paid his DCRG

and Provident Fund. The petitioner seeks a direction to the

respondent to disburse the DCRG and Provident Fund due to

the petitioner. The petitioner has no case that the petitioner’s

turn as per the date of priority of retirement has arrived.

Therefore he cannot claim payment of DCRG unless he shows

some cogent reason for payment out of turn. The petitioner

has not stated any special reason for payment of DCRG out of

turn. Even otherwise, going by date of retirement the

petitioner’s turn is likely to arrive very soon. As such I am not

inclined to direct payment of DCRG out of turn. However, the

petitioner is entitled to payment of provident fund amount with

interest up to the date of payment.

Accordingly, I dispose of this writ petition with a direction

to the respondent to pay to the petitioner provident fund

W.P(C)No.33023 of 2008 – 2 –

amounts due to him with interest up to the date of payment, as

expeditiously as possible, at any rate, within one month from

the date of receipt of a copy of this judgment.

S.SIRI JAGAN, JUDGE

rhs