IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1557 of 2007(I)
1. A.KUTTAPPAN NAIR, (MECHANIC, KSRTC,
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT
... Respondent
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :15/01/2007
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 1557 of 2007
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Dated this 15th day of January, 2007
JUDGMENT
Sri.Johnson P.John, the learned Standing Counsel takes
notice for the respondent Corporation.
2. This writ petition has been filed by a retired Mechanic of
the KSRTC seeking out of turn release of his retiral benefits on
the ground that the marriage of his daughter, Sandhya has to be
conducted on 11.4.2007. According to him unless the retiral
benefits are released, it will be very difficult for him to conduct
the marriage.
3. The learned Standing Counsel submits that guidelines
which have been formulated on the basis of the judgment of this
court in W.A. No. 289/2001 are to be followed. But,
Sri.K.P.Rajeevan, the learned counsel for the petitioner invites
my attention to the judgment of a Division Bench of this court in
W.A. No.1775/2004 and submits that notwithstanding the
scheme which is framed as per the judgment in W.A.
No.289/2001 there is justification for deviating from the seniority
WPC No.1557/2007 2
to meet urgent necessities like marriages of the children of the
employees. The learned counsel further submits that the
petitioner has no other source of income from which amounts
can be raised for conducting marriage.
4. Considering the grounds raised and the submissions
made at the bar, this writ petition will stand disposed of with the
following directions:
The respondent will release to the petitioner within two
months from today total amount of Rs.1,50,000/-( Rupees One
Lakh Fifty Thousand only) taking the entirety of the amounts on
account of DCRG and a portion of the amount on account of
Commutted Value of Pension due to the petitioner.
PIUS C.KURIAKOSE
Judge
dpk