IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24019 of 2010(B)
1. K.BHUVANACHANDRAN NAIR
... Petitioner
Vs
1. KERALA STATE ROAD TRANSPORT CORPORATION
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.24019 OF 2010
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Dated this the 2nd day of August, 2010.
J U D G M E N T
The petitioner retired from the service of the Kerala State
Road Transport Corporation on 31.03.2010 as Depot Inspector.
The main grievance raised in the writ petition is regarding the
delay in disbursal of DCRG and commuted value of pension.
2. Learned counsel for the petitioner submitted that the
petitioner and his wife Ambika Devi availed a loan of Rs.1 lakh
each by standing as surety for each other, mortgaging their
residential building to Edacode Service Co-operative Bank. Since
the loans fell in arrears, the Bank has proceeded against the
petitioner and his wife. Exhibits P2 and P3 are the demand
notices issued by the Bank. Exhibit P4 is the representation
submitted by the petitioner before the respondent requesting for
disbursal of the pensionary benefits. It is pointed out by the
petitioner that he is not in a position to raise the amount which is
required for avoiding the attachment and auction of his house
W.P.(C) No.24019/2010 2
and property by the Bank.
3. Heard the learned Standing Counsel for the KSRTC. It is
pointed out by the learned counsel for the petitioner that the
guidelines issued by this Court in W.A.No.289/2001 even though
directs disbursement of the retirement benefits on the basis of
seniority, the same can be varied if ordered by this Court in
appropriate cases. Herein, there is a genuine ground.
In that view of the matter, there will be a direction to the
respondent to disburse the DCRG and commuted value of pension
due to the petitioner, after conducting due enquiry, within a
period of two months.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp