The High Court directed the K.S.R.T.C. to release retirement benefits and commuted pension value to a retired driver with 16 years of service within six weeks, citing medical urgency for his daughter as justification for out-of-turn payment.
Release of all amounts due on account of DCRG and Commuted Value of Pension within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 2ND APRIL 2007 / 12TH CHAITHRA 1929 WP(C).No. 11274 of 2007(P) --------------------------
PETITIONER: -------------
R.JACOB, S/O LOUIS, DRIVER(RETIRED), K.S.R.T.C., ALAPPUZHA, RANNIPARAMBU, CHETTIKKADU, PATHIRAPPALLY P.O., ALAPPUZHA.
BY ADV. SRI.P.P.SOMAN NAIR
RESPONDENTS:
BY ADV. SRI.K. PRABHAKARAN, SC, K.S.R.T.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
W.P.(C) No.11274 OF 2007
Dated this the 2nd day of April, 2007
JUDGMENT
It is obvious that the total amount which due to the petitioner who had only 16 years of service, on account of DCRG and Commuted Value of Pension is only around Rs.one lakh. Considering Ext.P2 series and applying the principles laid down by a Division Bench of this Court in WA No.1775 of 2004, I am of the view that there is justification for making out of turn payment of the retiral benefits of the petitioner so that he can meet the amounts necessary for the treatment of his daughter. The Writ Petition will stand allowed. The respondents are directed to release all the amounts due to the petitioner on account of DCRG and Commuted Value of Pension at the earliest and at any rate within six weeks of receiving copy of this judgment.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2
3 issues framed by the court
Whether the retired driver's pension and commuted value can be paid out of turn due to medical expenses for his daughter.
Whether the amount due to the petitioner with 16 years of service justifies such immediate payment.
Whether the petitioner is directed to release the overdue retirement benefits within six weeks.
Colour shows how this judgement treated each authority
WA No.1775 of 2004Applied¶19
R. Jacob
Kerala State Road Transport Corporation
Financial Advisor & Chief Accounts Officer, K.S.R.T.C.
The Assistant Accounts Officer(Pension), K.S.R.T.C.
The Assistant Transport Officer, K.S.R.T.C.
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
PIUS C KURIAKOSE
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