IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31516 of 2008(B)
1. P.J.PETER, S/O.JOSEPH, AGED 58 YEARS,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE DEPUTY CHIEF ACCOUNTS OFFICER (IA),
For Petitioner :SMT.P.A.ANITHA
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :16/01/2009
O R D E R
J.B.Koshy, Ag.C.J. & V.Giri, J.
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W.P.(C) No.31516 of 2008
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Dated, this the 16th day of January, 2009
JUDGMENT
J.B.Koshy, Ag.C.J.
Petitioner was an employee of the Kerala State Road
Transport Corporation. He retired from service on 30.11.2005 after
service of more than 29 years. His pension was sanctioned in 2005.
However, his gratuity amount is not paid even though the amount
was sanctioned by Ext.P1(a) proceedings. Petitioner’s wife is a
cancer patient. Ext.P3 is the certificate of the Department of Radio
Therapy, Medical College, Kozhikode. Petitioner wants his D.C.R.G.,
commuted value of pension, etc. as expeditiously as possible.
Kerala State Road Transport Corporation is facing serious financial
difficulties. When retiral benefits were retained by the Corporation in
large number of cases, a Division Bench of this Court held that it
should be paid on priority basis. But it is also stated that out of turn
payment can also be given in extreme circumstances. Treatment of
W.P.(C) No.31516 of 2008
2
his wife, a cancer patient, is a circumstance which needs out of turn
payment. Even otherwise gratuity is not a bounty. In the above
circumstances, we direct the Corporation to give the gratuity and
other balance retiral benefits payable to the petitioner within one
month from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.
J.B.Koshy,
(Ag. Chief Justice)
V.Giri,
(Judge)
vns