High Court Kerala High Court

V.G.Sudhakaran vs The Kerala State Road Transport on 3 April, 2009

Kerala High Court
V.G.Sudhakaran vs The Kerala State Road Transport on 3 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9582 of 2009(P)


1. V.G.SUDHAKARAN, S/O.V.GOPALAN,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS

3. THE ASSISTANT ACCOUNTS OFFICER(PENSION)

4. THE DISTRICT TRANSPORT OFFICE,

                For Petitioner  :SRI.ANANDARAJAN.N

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/04/2009

 O R D E R
                               S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                       W. P (C) No. 9582 of 2009
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 3rd April, 2009.

                             J U D G M E N T

The petitioner retired from the service of the Kerala State Road

Transport Corporation on 31-12-2008. He seeks out of turn payment

of the DCRG and commutted value of pension due to the petitioner on

the ground that he requires large sums of money for treatment of his

chronic kidney disease.

2. Learned standing counsel for the Corporation does not

dispute the genuineness of the claim of the petitioner.

3. A Division Bench of this Court has held that for treatment of

serious disease of retired employee or his spouse of the Kerala State

Road Transport Corporation, out of turn payment is permissible. In

the above circumstances, the writ petition is disposed of directing the

respondents to disburse the DCRG and commutted value of pension

due to the petitioner out of turn ,as expeditiously as possible, at any

rate, within one month from the date of receipt of a copy of this

judgment. However, I make it clear that this payment shall not be

out of the ten percent set apart for paying off the retirement benefits

in accordance with the priority of the date of retirement but shall be

out of other funds of the Corporation.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.