K.Prathapan vs The Deputy Chief Accounts Officer … on 11 April, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9359 of 2008(L)


1. K.PRATHAPAN, MADATHUVILA HOUSE,
                      ...  Petitioner

                        Vs



1. THE DEPUTY CHIEF ACCOUNTS OFFICER (IA)
                       ...       Respondent

2. THE ASSISTANT PERSONAL OFFICER(PENSION)

3. THE MANAGING DIRECTOR,

4. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.PREMCHAND R.NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :11/04/2008

 O R D E R
                         S. SIRI JAGAN, J.
                ------------------------------------
                   W.P.(C)No. 9359 OF 2008
              ----------------------------------------
                Dated this the 11th day of April, 2008

                            JUDGMENT

In this writ petition, the petitioner is a retired employee of

the KSRTC. As per the scheme framed by this Court for payment

of retirement benefits due to the retired employees of the KSRTC,

the retired employees have to stand in the queue in accordance

with the priority of date of retirement. The petitioner has sought

out of turn payment, for which, according to the petitioner,

provision is made in the scheme framed by this Court. The

petitioner submits that he is in dire need of money for conducting

marriage of his daughter which has already been scheduled, to

prove which, he has produced documents along with the writ

petition. I had directed the Standing Counsel for the KSRTC to

ascertain the genuineness of the claim. The learned Standing

Counsel reports that the claim of the petitioner is genuine.

2. A Division Bench of this Court had in similar cases

permitted such out of turn payment for the purpose of marriage

of daughters of the petitioners in those writ petitions with certain

W.P.(c)No.9359/08 2

conditions. Accordingly, following the Division Bench decision

in W.P.(C)No.33094/2007 and connected cases, I pass the

following directions in this writ petition.

The KSRTC shall pay to the petitioner the balance

retirement benefits due to him within one month from the date

of receipt of a copy of this judgment. The payment shall be

made from other funds of the KSRTC and not from the 10 per

cent collection set apart for paying amounts due to the

pensioners who are waiting in the queue.

The writ petition is disposed of as above.

S. SIRI JAGAN,JUDGE

Acd

W.P.(c)No.9359/08 3