IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16951 of 2011(T) --------------------------------------- PETITIONER(S): ----------------------- 1. N.G. VARGHESE, SUPERINTENDENT (RETIRED ON 31/5/2006) KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM, NEDUMPEEDIKAYIL HOUSE, MOOVATTUPUZHA. 2. K.K. SIVANKUTTY, ASST. TRANSPORT OFFICER (RETIRED ON 31/12/2007), KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, PAINAMPARAMBIL, MEENADAOM P.O., KOTTAYAM. 3. D. UNNIKRISHNAN NAIR, CONDUCTOR (RETIRED ON 31/5/2006), KERALA STATE ROAD TRANSPORT CORPORATION, HARIPPAD, ANUPAMA, VETTUVELI, HARIPPAD. 4. A.K. MURALEEDHARAN, BLACK SMITH (RETIRED ON 31/5/2006), KERALA STATE ROAD TRANSPORT CORPORATION ,VAIKOM, P UTHENATH HOUSE, AYAPPANKAVU, KOCHI-18. 5. V.P. CHERIAN, VEHICLE SUPERVISOR (RETIRED ON 31/8/2008), KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM, VALANJATTIL HOUSE, NEAR GOVT. QUARTERS, KIDANGOOR. 6. N.B. VIJAYAKUMARAN, CHARGEMAN (RETIRED ON 30/11/2006, KERALA STATE ROAD TRANSPORT CORPORATION, PALA, NEERIKKATTU HOUSE, KIDANGOOR, KOTTAYAM. 7. K.V. KURUVILLA, DRIVER (RETIRED ON 31/01/2007), KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, VALIYAPARAMBIL HOUSE, POOZHIKOL, KADUTHURUTHY. BY ADV. SRI.P.P.SOMAN NAIR WP(C).No. 16951 of 2011(T) RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION FORT P.O., TRIVANDRUM-23 REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN, FORT. P.O, TRIVANDRUM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION , TRANSPORT BHAVAN, FORT. P.O, TRIVANDRUM-23. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , KOTHAMANGALAM-04. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , KOTTAYAM-02. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , PONKUNNAM-14. 7. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , HARIPPAD-01. 8. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION , VAIKOM-08. R1 TO R8 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16951 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FREE PASS ISSUED TO THE 1ST PETITIONER. EXT.P2: COPY OF THE FREE PASS ISSUED TO THE 2ND PETITIONER. EXT.P3: COPY OF THE FREE PASS ISSUED TO THE 3RD PETITIONER. EXT.P4: COPY OF THE FREE PASS ISSUED TO THE 4TH PETITIONER. EXT.P5: COPY OF THE FREE PASS ISSUED TO THE 5TH PETITIONER. EXT.P6: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER. EXT.P7: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER. EXT.P8: COPY OF THE JUDGMENT IN WP(C) NO. 1226/2011 DATED 13/01/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No. 16951 of 2011 ---------------------------- Dated this the 23rd day of June, 2011 JUDGMENT The petitioners are retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). They retired from its service on diverse dates. Consequent to a bipartite settlement between the Corporation and its employees, pensionary benefits were revised with effect from 1.3.2006 subject to the condition that the monetary benefits would be paid only with effect from 1.4.2009. 2. I have heard the learned counsel for the petitioners and also the learned standing counsel appearing for the respondents. 3. Admittedly, the issue involved in this writ petition is squarely covered in favour of the petitioners by a Division Bench judgment of this Court in W.A.No.210/2010. It be so, the respondents are bound to re-fix the pensionary benefits in respect of the petitioners and to disburse the arrears with effect from 1.4.2009 in terms of the bipartite settlement referred above. In view of the said position obtained in this case, the writ petition is disposed of with the following directions: WPC No.16951/2011 2 There will be a direction to the respondents to compute the revised pensionary benefits payable to the petitioners with effect from 1.4.2009 in terms of bipartite settlement dated 28.11.2008 and to disburse the arrears consequent to such computation, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that on failure on the part of the respondents to disburse the arrears of pension in terms of the directions in this judgment, the amount would carry simple interest at the rate of 6% per annum from 1.6.2009. The respondents shall also continue to pay the petitioners pension at the revised rate. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge