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High CourtsSingle Bench(2010) 07 KL CK 0212

K.H. Nazar vs The Kerala State Road Transport and The Chairman and Managing Director

High Court Of Kerala · Decided on 22 July 2010

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No. 22909 of 2010 (K)

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Judgment

4 paragraphs · 337 words

T.R. Ramachandran Nair, J.—The Petitioner seeks for a direction to the Respondents to disburse the retirement benefits including Provident Fund, DCRG, Commuted Value of Pension and Staff Welfare Fund, within a time limit to be fixed by this Court.

2.

The Petitioner had availed a loan from the Urban Co-operative Bank, Muvattupuzha for meeting the expenses in connection with the marriage of his daughter. The Petitioner could not repay the amount and an Award has been passed by the Arbitrator as per Exhibit P1 directing him to pay an amount of Rs. 1,30,599/- with interest at the rate of 15% from 30.6.2009. Exhibit P2 is a notice issued by the Special Sale Officer in execution of the said Award. It is pointed out that the Petitioner had also availed of a loan from the Ernakulam District Co-operative Bank, Muvattupuzha Branch and the said loan is also in arrears and Exhibit P3 is the demand notice directing the Petitioner to pay a sum of Rs. 83,501/-. Exhibit P4 is a demand notice issued by the Kerala State Financial Enterprises for a sum of Rs. 5,360/-. It is also submitted that he had subscribed a chitty from Gokulam Chit Funds and the said amount is also in arrears.

3.

The directions issued by this Court in Writ Appeal No. 289/2001 permits modification of the criteria to disburse the amounts on the basis of the date of retirement, if otherwise ordered by this Court. Therefore, in genuine cases, this Court can direct them to disburse the amount. Herein the Petitioner has shown certain reasons, the genuineness of which will be enquired into by the 1st Respondent-Corporation and if the Petitioner produces all the documents in original before the first Respondent, after conducting due enquiry, the admissible amount of retirement benefits will be quantified. After effecting recovery in terms of the agreement executed by the Petitioner, the balance amount, if any, will be disbursed to the Petitioner within a period of three months.

The Writ Petition is disposed of as above.