P.Mustafa Kamal vs Kerala State Road Transport … on 15 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19518 of 2008(L)


1. P.MUSTAFA KAMAL, UNDATHARA HOUSE,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION
                       ...       Respondent

                For Petitioner  :SMT.K.A.ANGEL TREENA

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

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

 Dated :15/07/2008

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                  W.P.C. NO. 19518 OF 2008 W
                  --------------------------------------
                  Dated this the 15th July, 2008

                            JUDGMENT

Petitioner retired from the service of the respondent

Corporation on 31.3.2007. He seeks out of turn payment of

Commuted Value of Pension and arrears of salary, overlooking

the priority list maintained by the KSRTC. It is stated that the

petitioner is suffering from Adult Polycystic Kidney Disease

with Advanced Renal Failure and is undergoing prolonged

treatment. It is stated that he is in the final stage of the Kidney

Disease. He had approached this Court earlier. Ext.P3 is the

Judgment in the Writ Petition filed by the respondent herein. It

is also stated that as per the direction in Ext.P3 Judgment, the

petitioner has been given DCRG. Now, his condition is stated

to have become worse and he has undergone 114 sessions of

Haemodialysis. His renal functions have reached the end stage

and he has been advised immediate Renal Transplantation.

Ext.P4 is the Certificate. Petitioner was granted the benefit of

DCRG pursuant to Ext.P3 Judgment. By Ext.P3 Judgment it is

directed that for the balance amount, petitioner may wait in the

queue. Learned standing counsel for the respondent

Corporation does not seriously oppose the grant of Commuted

Value of Pension. In the facts of this case, I feel that there can

WPC. 19518/08 W 2

be a direction to release the Commuted Value of Pension to the

petitioner. I notice that in Ext.P4 Certificate which is dated

28.5.2008, it is stated that the renal functions have reached end

stage and the petitioner would be benefited from renal

transplantation, cost of which is approximately Rs.5 Lakhs. In

such circumstances, and in view of the stand taken by the

respondent Corporation also, there will be a direction to the

respondent to pay to the petitioner the amount due to him as

Commuted Value of Pension within six weeks from the date of

receipt of a copy of this Judgment.

The Writ Petition is disposed of as above.

K. M. JOSEPH, JUDGE

kbk.