IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20204 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.SREEKUMARAN NAIR, ANANDA BHAVAN, NEAR S.M.H.S., THATTAMANGALAM, PALAKKAD-678102. (MECHANIC-RETIRED, CHITTUR D/R 31.01.2007) 2. V.ARUMUGHAN, THUMBIDI HOUSE, KARIMKULAM POST OFFICE, ELAVANCHERRY, PALAKKAD-685506. (DRIVER-RETIRED,CHITTUR D/R 31.05.2006). 3. N.KRISHNAMANI, MARUTHALAPARAMBU HOUSE, PERUVEMBU, PALAKKAD-678531. (CHARGEMAN-RETIRED, CHITTUR D/R 31.12.2006). 4. B.SIVADAS, PULINIRAKODE, PERUVEMBU, PALAKKAD-678531. (STATION MASTER-RETIRED, CHITTUR D/R 30.06.2008). 5. V.KRISHNANKUTTY, VARIATHKALM, VILAYODI, CHITTUR, PALAKKAD-678103. (DRIVER-RETIRED, CHUTTUR D/R.31.05.2006). 6. V.KRISHNAN, KORANGODE HOUSE, THENKURISSI, PALAKKAD-678671. (MECHANIC-RETIRED, CHITTUR D/R 31.05.2006). 7. P.M.LAKSHMANAN, PILAKKAL HOUSE, PARUTHIPULLI POST OFFICE, PALAKKAD-678573. (STATION MASTER-RETIRED, CHITTUR D/R 31.03.2007). 8. K.G.SUKUMARAN, 'BRITE NIVAS', ELANTHAKULAMBA, VITHANASSERY, NEMMARA POST OFFICE, PALAKKAD -678508. (STATION MASTER-RETIRED, CHITTUR D/R.31.03.2007). 9. V.PARVATHY, KURUPATH HOUSE, NEDUNGODE, CHITTUR POST OFFICE, PALAKKAD-678101 (SWEEPER-RETIRED, CHITTUR D/R 28.02.2009). 2/- -2- WP(C)NO.20204/2011 10. S.MAJEED, MADHEENA HOUSE, VITHANASSERY, NEMMARA POST OFFICE, PALAKKAD-678508. (VEHICLE SUPERVISOR-RETIRED, CHITTUR D/R 31.07.2008). 11. T.JAYAPALAN, H.NO.2/348, RAYAPPAN STREET THATTAMANGALAM, PALAKKAD-678102. (SUPERINTENDENT- RETIRED, PALAKKAD D/R.30.09.2007). 12. N.NATARAJAN, VADKKOOTTIL, VILAYODI, CHITTUR, PALAKKAD-678103. (INSPECTOR-RETIRED, CHITTUR D/R 30.09.2002). BY ADV. SRI.C.V.MILTON RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM- PIN- 695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-PIN- 695 023. 3. THE ADMINISTRATIVE OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHITTUR-678101. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHITTUR-PIN-678001. R1 TO R5 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20204/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PENSIONER'S PASS NO.01850 ISSUED TO THE 1ST PETITIONER. P2 COPY OF THE PENSIONER'S PASS NO.03199 ISSUED TO THE 2ND PETITIONER. P3 COPY OF THE PENSIONER'S PASS NO.03208 ISSUED TO THE 3RD PETITIONER. P4 COPY OF THE PENSIONER'S PASS NO.01829 ISSUED TO THE 4TH PETITIONER. P5 COPY OF THE PENSIONER'S PASS NO.03200 ISSUED TO THE 5TH PETITIONER. P6 COPY OF THE PENSIONER'S PASS NO.03201 ISSUED TO THE 6TH PETITIONER. P7 COPY OF THE PENSIONER'S PASS NO.01846 ISSUED TO THE 7TH PETITIONER. P8 COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED 8TH PETITIONER. P9 COPY OF THE PENSIONER'S PASS NO.01828 ISSUED TP THE 9TH PETITIONER. P10 COPY OF THE PENSIONER'S PASS NO.01835 ISSUED TO THE 10TH PETITIONER. P11 COPY OF THE PENSIONER'S PASS NO.15535 ISSUEDTO THE 11TH PETITIONER. P12 COPY OF THE PENSIONER'S PASS NO.01812 ISSUED TO THE 12TH PETITIONER. P13 COPY OF THE PAGE NOS.1,5,6 & 20 OF THE SETTLEMENT DATED 2/03/2009. P14 COPY OF THE ORDER NO.PA23/001500/2009 DATED 2/03/2009. P15 COPY OF THE JUDGMENT DATED 16/02/2011 IN WP(C)NO.4839/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.20204 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF JULY, 2011 JUDGMENT Petitioners retired from the services of the Kerala State Road Transport Corporation (KSRTC) on different dates after 1/3/2006. 2. The relief sought for in the writ petition is for an order directing the respondents to pay the arrears of the revised pension with effect from April, 2009 and to pay interest at the rate of 12% per annum on the arrear amount due to them for the culpable delay in paying the revised pension as per the agreement dated 28/11/2008. 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the KSRTC. 4. The issue involved in this writ petition can be disposed of in terms of the directions in the judgment in W.P.(C). No.34325/2010 and connected matters. This Court after hearing -2- W.P.(C).No.20204/2011 W.P.(C).No.34325/2010 and connected matters, directed the Corporation to disburse the arrears of pension, after taking into consideration the agreement dated 28/11/2008. The facts of this case are similar to the case so decided and therefore the petitioners are entitled to get the same relief as has been granted in the said case. 5. A Division Bench of this Court in Writ Appeal No.210/2010 also took a similar view and appropriate directions were issued to the Corporation to pay the amount due to the appellants therein. In the above circumstances, this writ petition is disposed of directing the respondents to disburse the benefits payable to the petitioners in terms of the directions in the judgment in W.P.(C).No.34325/2010 and connected matters. The benefits shall be disbursed to the petitioners within a period of six months from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the Corporation to disburse the -3- W.P.(C).No.20204/2011 benefits to the petitioners within the time stipulated above, the amount shall carry interest at 6% per annum. HARUN-UL-RASHID, Judge. kcv.