Petitioner retired employee seeks out-of-turn DCRG and pension commutation due to spending savings on wife's 12-year brain tumor treatment; respondent may be directed to pay from other funds, not retirement benefit set-aside.
pay DCRG and commuted value of pension before 29.1.2009 from other funds
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930
WP(C).No. 492 of 2009(H)
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PETITIONER(S): ------------------------
RATHEESH P, S/O. VASUDEVAN, PARNASHALA HOUSE, KACHERI,MUKKAM P.O., KOZHIKODE DISTRICT.
BY ADV. SRI.K.M.FIROZ
RESPONDENT(S):
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THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR.
BY SRI. JOHNSON P. JOHN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.SIRI JAGAN, J
- - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 492 of 2009
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of January, 2009
J U D G M E N T
The petitioner was an employee of the Kerala State Road Transport Corporation, who retired from service on 30.11.2007. He claims out of turn payment of his DCRG and commuted value of pension. According to him, the entire savings of the petitioner has been spent on the treatment of his wife for brain tumor. He had to treat his wife for 12 years and ultimately his wife died also. As a result, the petitioner was left with no money. He had borrowed money from the Kozhikode District Co-operative Bank. The interest accumulated and at last the bank initiated coercive proceedings. They propose to sell the property of the petitioner on 19.1.2009. It is now submitted that the sale is now adjourned to 29.1.2009. The petitioner submits that in view of the above circumstances, the respondent may be directed to pay to the petitioner out of turn, DCRG and commuted value of pension, due to him.
averments made by the petitioner are true. I am of opinion that since
W.P(C)No. 492 of 2009 - 2 -
the petitioner had to incur the debt on account of treatment of his wife, the judgment of the Division Bench of this court applies to the petitioner's case in the matter of out of turn payment. As such he has made out a case for out of turn payment of DCRG and commuted value of pension due to him. Accordingly, I direct the respondent to pay to the petitioner DCRG and commuted value of pension due to him before 29.1.2009. However, I make it clear that such payment shall not be out of the 10% income set apart for the payment of retirement benefits of retired employees of the KSRTC, but shall be out of other funds.
The writ petition is disposed of as above.
S.SIRI JAGAN, JUDGE
rhs
1 issue framed by the court
Whether the KSRTC must pay out-of-turn DCRG and commuted pension value to a retired employee whose savings were spent on spouse's medical treatment.
RATHEESH P, S/O. VASUDEVAN, PARNASHALA HOUSE, KACHERI, MUKKAM P.O., KOZHIKODE DISTRICT.
THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR.
S.SIRI JAGAN
As recorded by the court registry
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