IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24311 of 2010(L)
1. P.ABDUL KARIM,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT
... Respondent
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.24311 OF 2010
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Dated this the 4th day of August, 2010.
J U D G M E N T
The petitioner retired as a Charge man from the
Neyyattinkara Depot of the respondent-Corporation on
31.03.2010. The main grievance raised in the writ petition is
regarding the delay in disbursal of the pensionary benefits
including DCRG and commuted value of pension.
2. Learned counsel for the petitioner submitted that the
petitioner had availed a loan from the State Bank of Travancore,
Manacaud Branch, Thiruvananthapuram and because of the
financial difficulties, the petitioner could not repay the loan
amount. Therefore, the Bank has initiated recovery steps against
the petitioner. Exhibit P2 is the notice issued by the Bank to the
petitioner. It is pointed out that the petitioner has also liabilities
on account of the loan availed from different sources in
connection with the marriage of his daughter which was
solemnized on 08.12.2005. The petitioner approached the
W.P.(C) No.24311/2010 2
respondent for getting the pensionary benefits but no action was
taken by the respondent to disburse the amount. Aggrieved by
the same, this writ petition has been filed.
3. Heard the learned Standing Counsel for the KSRTC. It is
pointed out by the learned counsel for the petitioner that the
guidelines issued by this Court in W.A.No.289/2001 even though
directs disbursement of the retirement benefits on the basis of
seniority, the same can be varied if ordered by this Court in
appropriate cases. Herein, there is a genuine ground.
In that view of the matter, there will be a direction to the
respondent to consider the sanction of the benefits and disburse
the amount after conducting due enquiry expeditiously, at any
rate, within a period of two months.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp