High Court Kerala High Court

R.Vasudevan Nair vs Kerala State Road Transport … on 12 April, 2007

Kerala High Court
R.Vasudevan Nair vs Kerala State Road Transport … on 12 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12847 of 2007(D)


1. R.VASUDEVAN NAIR,S/O.RAMAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

2. THE FINANCIAL ADVISOR AND CHIEF

3. THE ASSISTANT ACCOUNTS OFFICER,(PENSION)

4. THE ASSISTANT TRANSPORT OFFICER,

5. THE PAMPADY SERVICE CO-OPERATIVE BANK

                For Petitioner  :SRI.P.P.SOMAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :12/04/2007

 O R D E R
                           PIUS C.KURIAKOSE, J.

                      ----------------------------------

                      W.P.(C)NO.  12847 of    2007

                      ----------------------------------

                 Dated this  12th day of   April , 2007


                                   JUDGMENT

The petitioner, retired from the KSRTC on 28.2.2004. His

turn for getting retiral benefits as per the guidelines framed on

the basis of the judgment of the Division Bench of this court in

W.A. No. 289/2001 is likely to arrive within 6 to 12 months. The

petitioner in this writ petition seeks out of turn release of the

retiral benefits on the reason that the 5th respondent society has

initiated legal proceedings against him and his wife. The case of

the petitioner that the 5th respondent society has initiated

recovery proceeding against him and his wife is seen supported

by Exts.P2 and P3. The total claim under Exts.P2 and P3 is

around Rs.2,32,405/-. The total amount due to the petitioner by

way of DCRG as per Ext.P1 order is 2,03,115/-.

2. Under the above circumstances, applying the principles

laid down in the judgment in W.A. No.1775/2004, I dispose of

WPC No.12847/2007 2

the writ petition directing the KSRTC to pay to the petitioner all

the amounts due to him by way of DCRG out of turn within one

month of receiving a copy of this judgment. Payment of DCRG

will be made by the respondents by means of a crossed

instrument drawn in favour of the 5th Respondent Bank. The

petitioner is permitted to place a copy of this judgment before

the 5th respondent and apply for adjournment of the

proceedings.

PIUS C.KURIAKOSE

Judge

dpk