IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12516 of 2010(L)
1. C.D.VARGHESE,AGED 57 YEARS,S/O.DEVASSY,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,K.S.R.T.C,
... Respondent
2. THE DISTRICT TRANSPORT OFFICER,
3. THE KERALA STATE TRANSPORT WORKERS
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/05/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.12516/2010-L
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Dated this the 17th day of May, 2010
J U D G M E N T
The petitioner retired from the service of the
Corporation as Vehicle Supervisor on 31/01/2008. The
petitioner seeks for a direction to the first respondent to
disburse the pensionery benefits as he has to discharge the
liabilities to various banks/societies.
2. The third respondent is one of the Society to
which the petitioner is indebted. Counter affidavit has
been filed by the third respondent. It is submitted that
an amount of Rs.84,536/- is liable to be remitted by the
petitioner to the third respondent and they are entitled to
recover the entire amount from the pensionery benefits in
view of the Undertaking, Agreement, Surety Bond, Consent
Letters executed by the petitioner.
3. Going by the averments in the writ petition, the
petitioner owes certain amounts to the Kerala State Co-
operative Bank also. It is pointed out that certain loans
were availed by the petitioner for conducting the marriage
of the petitioner’s daughter. Already award has been
passed against the petitioner in the Arbitration Case filed
by the said Co-operative Bank.
W.P.(C). No.12516/2010
-:2:-
4. Heard the learned Standing Counsel for the
Corporation. The matter is governed by the guidelines
issued by this Court in W.A.No.289/2001 permitting
disbursement of pensionery benefits by considering the
genuine needs of the pensioners without looking into their
seniority. Herein, going by the averments in the writ
petition and the counter affidavit filed by the third
respondent, it is clear that he has got certain liabilities
to be cleared. Therefore, unless the pensionery benefits
are disbursed, the arrears will be mounting making the
petitioner liable for huge sum.
5. In the light of the above, there will be a
direction to the first respondent to quantify pensionery
benefits due to the petitioner. The petitioner will show
the details of liabilities as on today by filing
appropriate consent letter to the first respondent-
Corporation for recovering those amounts for payment to the
creditors. After recovery of those amounts, the balance
amount, if any, will be paid to the petitioner within a
period of three months from the date of receipt of a copy
of this Judgment.
The writ petition is disposed of as above. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge.)
ms
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P.A TO JUDGE