C.Surendran vs Kerala State Road Transport … on 13 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 289 of 2011(I)


1. C.SURENDRAN, DWRAKA, TC 54/678/2,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION
                       ...       Respondent

2. BRANCH MANAGER, STATE BANK OF INDIA,

                For Petitioner  :SRI.N.SASIDHARAN UNNITHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :13/01/2011

 O R D E R
                           C.T.RAVIKUMAR, J.
                        ---------------------------------------
                          W.P(C)No.289 of 2011
                       ----------------------------------------
                        Dated 13th January, 2011

                                  JUDGMENT

The petitioner who is a retiree from the Kerala State Road

Transport Corporation filed this writ petition seeking issuance of a writ of

mandamus commanding the first respondent to disburse the admitted

DCRG and commuted value of pension. The petitioner was issued with

Ext.P2 certificate by the second respondent showing his liability arising

out of two loan transactions, to the tune of Rs.4,90,941/-. The petitioner

is apprehending coercive steps from the part of the second respondent.

It is for the purpose of discharging the aforesaid liability that the

petitioner is seeking an out of turn disbursement of the benefits referred

above.

2. I have heard the learned counsel appearing for the

petitioner, the learned standing counsel appearing for the first respondent

and the learned standing counsel for the second respondent.

3. The order of priority in the matter of disposal of the

benefits referred above is being governed by the guidelines formulated

pursuant to the directions in W.A.No.289 of 2001. Only in genuine cases

a deviation from the aforesaid guidelines is possible. In such

WP(C).No.289/2011 2

circumstances, this writ petition is disposed of with a direction to the first

respondent to enquire into the genuineness of the claim made by the

petitioner for out of turn payment of DCRG and commuted value of

pension. If, on such enquiry, it is found that the reason assigned by the

petitioner is genuine, the first respondent shall effect payment directly to

the second respondent to discharge the liability of the petitioner arising

out of the loan transactions referred to in Ext.P2. The entire exercise

pursuant to this judgment for the aforesaid purpose and disbursement, in

case the demand is genuine, shall be done within a period of two months.

Needless to say that the balance amount shall be paid to the petitioner

within the aforesaid stipulated time.

The writ petition is disposed of accordingly.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S. to Judge