C.Arumughan Assary vs Kerala State Road Transport … on 4 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37257 of 2010(F)


1. C.ARUMUGHAN ASSARY,
                      ...  Petitioner

                        Vs



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

2. KERALA STATE TRANSPORT WORKER'S

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET

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

 Dated :04/01/2011

 O R D E R
                           C.T.RAVIKUMAR, J.
                       ---------------------------------------
                        W.P(C)No.37257 of 2010
                       ----------------------------------------
                        Dated 4th January, 2011

                                 JUDGMENT

The petitioner retired from the service of the Kerala State

Road Transport Corporation on 30.11.2008. This writ petition has been

filed mainly with the prayer for out of turn disbursement of the

pensionary benefits including DCRG and commuted value of pension.

2. I have heard the learned counsel appearing for the

petitioner, learned standing counsel for the first respondent and also

learned standing counsel for the second respondent.

3. The learned standing counsel appearing for the first

respondent submitted that going by the decision of this Court the

Corporation is bound to conduct an enquiry into the genuineness of the

demand made by the petitioner and the reasons assigned thereon. It is

further submitted that in case it is ultimately found that the request of the

petitioner is genuine, all the pensionary benefits would be disbursed to

him within a period of one month. This is recorded.

4. The learned standing counsel appearing for the second

respondent submitted that while the petitioner was in service he had

availed two loans from the second respondent society and on account of

WP(C).No.37257/2010 2

the default in repayment an amount of Rs.1,22,492/- is due from the

petitioner. In view of the aforesaid submissions made by the learned

counsel on both sides, this writ petition is disposed of as hereunder:-

The first respondent shall enquire into the genuineness of the

request and the reasons made by the petitioner for the purpose of getting

an out of turn disbursement of the pensionary benefits, that is, in

deviation to the guidelines formulated by the Corporation pursuant to the

direction of this Court in W.A.No.289 of 2001. In case it is found that the

request made by the petitioner is genuine, all the amount due to the

petitioner towards the pensionary benefits including DCRG shall be

disbursed to him within one month. It is made clear that out of the

amount due for disbursement an amount of Rs.1,22,492/- shall be

deducted and shall be remitted towards the loan accounts of the

petitioner maintained with the second respondent for the purpose of

closing the said loan accounts.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S. to Judge