V.N.Thankappan vs The Kerala State Road Transport on 2 April, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9428 of 2008(V)


1. V.N.THANKAPPAN, S/O.P.K.NARAYANAN,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS

3. THE ASSISTANT PERSONAL OFFICER(PENSION)

4. THE ASSISTANT TRANSPORT OFFICER,

                For Petitioner  :SRI.ANANDARAJAN.N

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :02/04/2008

 O R D E R
                        S.SIRI JAGAN, J.
                     =======================
                      W.P.(C) No.9428 of 2008(V)
                     =======================
                 Dated this the 2nd day of April, 2008


                            JUDGMENT

The petitioner is a retired employee of the KSRTC who

retired on 31.5.2007. He raised a claim for out of turn payment

of his DCRG/Commuted Value of Pension on the ground that for

his daughter’s marriage on 20.12.2007, he had to incur heavy

expenses for which he had to take loans and now he is faced

with recovery proceedings for recovery of loan amounts taken by

him from the Kollam District Co-operative Bank as also the

Kottarakkara District State Transport Employees Co-operative

Society Ltd. In view of the coercive recovery proceedings

initiated for recovery of the said amounts, the petitioner seeks

out of turn payment of the amounts.

2. I have heard the learned standing counsel for the

Corporation also. In view of the documents produced by the

petitioner, I am satisfied that the petitioner is entitled to out of

turn payment of the amounts to the extent covered by Exts.P4

and P6. Accordingly, the writ petition is disposed of with the

W.P.(C) No.9428/2008/V -2-

following directions:

The 1st respondent shall forward a cheque of Rs.27,978/-

to the Kottarakkara District State Transport Employees Co-

operative Society Ltd. No.Q158 in payment of the amounts

covered by Ext.P4. The 1st respondent shall forward another

cheque of Rs.88,460/- to the Kollam District Co-operative Bank in

payment of the amounts covered by Ext.P6. These amounts shall

be deducted from the DCRG/Commuted Value of Pension payable

to the petitioner. However, I make it clear that these amounts

shall not be from the 10% set apart as per the scheme made by

this Court but shall be from other funds of the Corporation, as

has been done by the Division Bench in similar cases, of out of

turn payments.

S.SIRI JAGAN,
JUDGE

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