B.Sathyan vs Kerala State Road Transport … on 2 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35005 of 2010(A)


1. B.SATHYAN, VEDATRAYAM,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

2. CHIEF MANAGER,

                For Petitioner  :SRI.N.SASIDHARAN UNNITHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :02/12/2010

 O R D E R
                         P.N.RAVINDRAN, J.
                -----------------------------------------
                     W.P(C).No.35005 of 2010
                -----------------------------------------
             Dated this the 2nd day of December, 2010

                              JUDGMENT

The petitioner is a former employee of the Kerala

State Road Transport Corporation (hereinafter referred to as the

`KSRTC’ for short). He retired from service on 31.3.2010.

Though he is being paid monthly pension, it is stated that till date

on account of paucity of funds DCRG and commuted value of

pension have not been disbursed to him. In this writ petition the

petitioner seeks expeditious payment of DCRG and commuted

value of pension overlooking priority on the ground that large

amounts are payable to the 2nd respondent Bank.

2. Sri.V.V.Nandagopal Nambiar, the learned standing

counsel appearing for the KSRTC, submits that if after enquiry the

Corporation is satisfied that the petitioner has to clear off the

liabilities incurred by him, the Corporation will take steps to pay

DCRG and commuted value of pension to the petitioner

overlooking priority.

3. Sri.P.Ramakrishnan, learned standing counsel

W.P(C).No.35005 of 2010
-:2:-

appearing for the State Bank of Tranvancore, submitted with

reference to Ext.P2 that the balance amount payable by the

petitioner in full discharge of the loan as on 11.11.2010 is

Rs.3,89,264.45 and that if the said amount together with interest

for the period thereafter is paid within a short period, the Bank

will record full satisfaction of the liability.

4. In the light of the facts stated above and having regard

to the submissions made at the Bar I dispose of this writ petition

with a direction to the respondents to enquire into the

genuineness of the claim made by the petitioner for out of turn

payment of DCRG and commuted value of pension and to make

such payment within one month from the date of production of a

copy of this judgment, if the claim of the petitioner is found to be

genuine. It will be open to the first respondent to pay over the

amounts demanded in Ext.P2 to the 2nd respondent, if the amount

of DCRG and commuted value of pension are adequate to meet

the said demands. The first respondent shall pay over the balance

W.P(C).No.35005 of 2010
-:3:-

amount if any, to the petitioner by way of DCRG and commuted

value of pension within another one month from the date on

which payment is made to the 2nd respondent.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

—————————

W.P(C).No.35005 of 2010

—————————-

JUDGMENT

2nd December, 2010