High Court Kerala High Court

E.Pushpamgathan vs The Kerala State Road Transport on 26 March, 2008

Kerala High Court
E.Pushpamgathan vs The Kerala State Road Transport on 26 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32665 of 2007(L)


1. E.PUSHPAMGATHAN, S/O.ECHAMPY, AGED
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER, KSRTC,

                For Petitioner  :SRI.N.UNNIKRISHNAN

                For Respondent  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :26/03/2008

 O R D E R
                          S.SIRI JAGAN, J.
                       =======================
                        W.P.(C) No.32665 of 2007(L)
                       =======================

                 Dated this the 26th day of March, 2008


                             JUDGMENT

The petitioner is a retired employee of the Kerala State

Road Transport Corporation who retired on 30.4.2007. As per

the scheme framed by this Court for payment of retirement

benefits to retired employees of KSRTC, the petitioner has to

stand in the queue in accordance with the priority date of

retirement for getting retirement benefits. However, he seeks

out of turn payment of retirement benefits. In view of the fact

that he has a spastic child, for caring whom he need very urgent

funds. He has also produced photograph of the child. After

considering the facts and circumstances of the case, I am

satisfied that this is an eminently fit case for issuing a direction

to pay the retirement benefits due to the petitioner out of turn.

By interim order dated 11.1.08, I have already directed payment

of part of the amounts. The balance amount of retirement

benefits due to the petitioner shall also be paid to him within

W.P.(C) No.32665/2007/L –2-

one month from the date of receipt of a copy of this judgment.

This payment shall not be from the 10% set apart from the

daily collection for payment of retirement benefits but shall be

from other funds of the KSRTC.

The writ petition is disposed of as above.

S.SIRI JAGAN,
JUDGE

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