K.Surendran vs Kerala State Road Transport on 4 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35263 of 2008(W)


1. K.SURENDRAN, S/O. KUTTAN,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. KERALA HOUSING CO-OPERATIVE BANK

3. ARBITRATOR - CUM - SPECIAL SALE OFFICER,

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/12/2008

 O R D E R
                        S. SIRI JAGAN, J.
            ------------------------------------------
            W.P.(C)Nos.35263 & 35638 OF 2008
           ---------------------------------------------
             Dated this the 4th day of December, 2008

                            JUDGMENT

In both these writ petitions, the petitioners are retired

employees of the Kerala State Road Transport Corporation. They

are seeking out of turn payment of their retirement benefits to

discharge debts due from them to third parties. The question as

to whether out of turn payment of retirement benefits can be

made for the purpose of discharging debts due from retired

employees of the Kerala State Road Transport Corporation has

been considered by a Division Bench of this Court in W.P.(C)

Nos.21231/08 and 31588/08, in which the Division Bench has

passed the following judgment.

“The petitioners in these writ petitions are
retired employees of the Kerala State Road
Transport Corporation. They are indebted to
financial institutions, which have taken steps to
recover the amounts due to them from the
petitioners. So, these writ petitions are filed
seeking out of turn payment of their death-cum-
retirement gratuity. This Court has already held
that only in rare cases out of turn payment should be

W.P.(C)Nos.35263/08 & Con.case 2

ordered. Serious illness of the pensioner and want
of funds for treatment and also the marriages of
daughters have been held to be grounds for
deviation from the priority list. If indebtedness
to financial institutions is taken as a ground then
the priority list will lose meaning. It is common
knowledge that these days every employees will be
indebted to one or more financial institutions.

In the result, these writ petitions fail and
they are accordingly dismissed”.

In view of the above judgment, the petitioners are not

entitled to the reliefs prayed for in these writ petitions.

Accordingly, the writ petitions are dismissed.

S. SIRI JAGAN, JUDGE

Acd

W.P.(C)Nos.35263/08 & Con.case 3