High Court Kerala High Court

K.J. Jose vs The Kerala State Road Trasport on 9 July, 2008

Kerala High Court
K.J. Jose vs The Kerala State Road Trasport on 9 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18614 of 2008(N)


1. K.J. JOSE,(CONDUCTOR RETD KSRTC,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRASPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR & CHIEF

3. THE ASSISTANT ACCOUNTS OFFICER

4. THE DISTRICT TRASPORT OFFICER,

                For Petitioner  :SRI.P.P.SOMAN NAIR

                For Respondent  :SHRI.JOHNSON P.JOHN, SC, KSRTC

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :09/07/2008

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                  W.P.C. NO. 18614 OF 2008 N
                  --------------------------------------
                   Dated this the 9th July, 2008

                            JUDGMENT

Petitioner retired from the service of the respondent

Corporation on 30.6.2006 as Conductor. He seeks out of tuen

payment of DCRG and Commuted Value of Pension.

According to petitioner, he is a kidney patient and he had

undergone kidney transplantation on 5.1.1999. It is stated that

the petitioner has already expended huge amount for the

treatment and his average monthly medical expense is about

Rs.3,000/=. The petitioner is depending on his monthly pension

of nearly Rs.5,000/= for maintenance of his family, for

education of his children and for his medical expenses. It is

also stated that the petitioner’s son is studying for the IIIrd year

of three year Diploma Course in Mechanical Engineering for

which also he has to expend huge amount. Ext.P4 is a

Certificate of Expenditure in this behalf. It is further stated that

the petitioner had availed a loan and he has to repay the amount

WPC. 18614/08 N 2

at the rate of Rs.3,000/= per month. I heard the learned counsel

appearing for the parties. I feel that this is a case where the

petitioner should represent the matter before the first respondent.

Accordingly, the Writ Petition is disposed of directing that if the

petitioner moves an application before the first respondent

pointing out his financial difficulties within two weeks from the

date of receipt of a copy of this Judgment, the first respondent

will consider and take a decision on the same in accordance with

law after affording an opportunity of being heard to the

petitioner, within a period of one month from the date of receipt

of the application.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy//

PS to Judge