High Court Kerala High Court

P. Benadin Miranda vs Kerala State Road Transport … on 25 February, 2008

Kerala High Court
P. Benadin Miranda vs Kerala State Road Transport … on 25 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4936 of 2008(K)


1. P. BENADIN MIRANDA, NALINI NILAYAM
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION
                       ...       Respondent

                For Petitioner  :SRI.R.GOPALAKRISHNAN (SREEVALSAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :25/02/2008

 O R D E R
                       S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.4936 OF 2008
              ----------------------------------------
             Dated this the 25th day of February, 2008

                           JUDGMENT

The petitioner is a retired employee of the Kerala State

Road Transport Corporation. He retired on 31.5.2005. Although

for getting DCRG and Commuted value of pension he has to

stand in the queue in accordance with the priority of date of

retirement, the petitioner seeks out of turn payment on account

of the fact that his property is under threat of attachment for

recovery of loan amounts due from him to the Kerala State

Transport Worker’s Co-operative Society. He has also produced

Ext.P1 notice received by him from the Kerala State Transport

Worker’s Co-operative Society threatening him with attachment

and sale of properties of the petitioner for non-payment of the

amounts due.

2. I have heard the standing counsel for KSRTC also.

The respondent has no case that the petitioner’s claim is not

genuine. In the above circumstances I am satisfied that the

petitioner has made out a case for out of turn payment of DCRG

W.P. ) No.4936/08 2

and Commuted Value of Pension to the extent of his loan

liability to the Kerala State Transport Worker’s Co-operative

Society.

Accordingly, I direct the respondent to issue a cheque for

Rs.1,58,014/- towards repayment of loan amount due from

the petitioner to the Kerala State Transport Worker’s Co-

operative Society within two weeks from the date of receipt of

a copy of this judgment. The said amount shall be debited to

the DCRG and Commuted Value of Pension account of the

petitioner.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd

W.P. ) No.4936/08 3