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K.C.Lenin

High Court Of Kerala|01 December, 2014
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JUDGMENT / ORDER

Heard the learned counsel for the petitioner and the learned Standing Counsel for the Kerala State Road Transport Corporation, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner retired as Peon from the respondent Corporation on 30.04.2012 while working in Ernakulam Depot. Despite his retirement, so far the respondent Corporation has not paid the petitioner's pensionary benefits such as DCRG and commuted value of pension. In that regard, the petitioner is said to have filed Ext.P3 representation before the respondent Corporation.
3. It emerges from a perusal of the record that the petitioner is said to have borrowed certain amounts from the 4th respondent Co-Operative Society and committed default thereafter owing to what is said to be his illness. When the respondent authorities citing the reason of loan default refused to release the terminal benefits, the petitioner filed the present writ petition. During the course of submissions, the learned counsel for the petitioner has expressly stated that whatever be the loan amount, the 2nd respondent may pay the said amount to the 4th respondent and thereafter disburse the remaining amount to the petitioner. He has further submitted that the petitioner has also filed Ext.P4 representation before the 4th respondent for scaling down the interest.
4. In the facts and circumstances, I do not see any tenable objection on the part of the respondent Corporation in not settling the terminal benefits of the petitioner, given his express undertaking before this Court that the respondent may adjust his entire loan amounts due to the 4th respondent and pay thereafter only the balance amount.
Accordingly, this Court disposes of the writ petition with a direction to the 1st respondent to settle and pay the terminal benefits of the petitioner after adjusting the loan amount due to the 4th respondent, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. It is further made clear that the 4th respondent may consider Ext.P4 representation of the petitioner concerning scaling down the interest in accordance with law before closing the loan by adjusting the terminal benefits of the petitioner.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv
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Title

K.C.Lenin

Court

High Court Of Kerala

JudgmentDate
01 December, 2014
Judges
  • Dama Seshadri Naidu
Advocates
  • Sri