High Court Kerala High Court

A.P.Jayaprakash vs The Kerala State Road Transport on 10 September, 2009

Kerala High Court
A.P.Jayaprakash vs The Kerala State Road Transport on 10 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25076 of 2009(D)


1. A.P.JAYAPRAKASH, 'PRASANTH'
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS

3. THE ASSISTANT ACCOUNTS OFFICER(PENSION)

4. THE DISTRICT TRANSPORT OFFICER,

                For Petitioner  :SRI.ANANDARAJAN.N

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :10/09/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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          W.P.(C).No.25076 of 2009-D

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   Dated this the 10th day of September, 2009.

                   JUDGMENT

The petitioner retired from service of the KSRTC

on 31.10.2006. His son had availed an educational

loan for MCA. Revenue recovery proceedings have

been initiated for recovery of that amount as

petitioner’s son could not repay the amounts

since his employer has apparently closed down.

Under such circumstances, the petitioner is

compelled to pay off the outstandings in the loan

account or face distress action against the

property mortgaged by him to support the loan. I

am satisfied that the situation aforesaid

entitles the petitioner for an out of turn

release of the retiral benefits due.

In the result, it is ordered that DCRG and CVP

due to the petitioner shall be released from the

WP(C)25076/09 -: 2 :-

10% of the collections earmarked for the said

purpose, out of turn. Let such amount be released

within one month from the date of receipt of a

copy of this judgment. The writ petition is

ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/140909