IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 OP.No. 4000 of 2001(A) ---------------------- PETITIONER(S): --------------- A.SAINULABDIN, RTD. CHIEF TRAFFIC OFFICER, SHAFI NIVAS, KARAKKAMANDAPAM, ESTATE P.O., TRIVANDRUM - 19. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. K.S.R.T.C., REP. BY ITS MANAGING DIRECTOR, TRIVANDRUM. 2. FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, KSRTC, TRIVANDRUM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 & 2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2009, A/W. OP NO. 5281 OF 2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 4000/01. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.7.10.99 BY R1. P2. COPY OF THE JUDGMENT IN O.P.NO.27634/2000. P3. COPY OF THE ORDER DTD.24.1.2001 BY R1. RESPONDENT(S)' EXHIBITS: R1.A COPY OF THE ORDER DTD.28.2.2000. B. COPY OF THE JUDGMENT IN O.P.No. 20938/2000 OF THIS COURT. C. COPY OF THE ORDER DTD.24.5.2003. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.4000 & 5281 of 2001 ================== Dated this the 29th day of January, 2009 J U D G M E N T O.P.No. 4000/2001: The petitioner in this original petition retired as a Chief Traffic Officer from the Kerala Road Transport Corporation, on 31.3.1997. After retirement of the petitioner, by a settlement dated 13.4.1999, the pay of the employees of the KSRTC had been revised with effect from 1.3.1997. Pursuant to the same, Ext.P1 order was issued by the Corporation, in which clause 8 thereof stipulated that pensionary benefits of those persons who retired on or after 1.3.1997 shall be as per the revised pay. The petitioner was not paid arrears of salary and retirement benefits on the basis of the revised pay. This Court, by Ext.P2 judgment, directed the Corporation to consider the claim of the petitioner in that regard. Pursuant thereto, Ext.P3 order has been passed, in which the petitioner's claim has been rejected on the ground that the Corporation has given monetary benefits of the agreement to the higher division officers only from 1.11.1999 and there is only notional benefit upto 1.11.1999. Exts.P3 is under challenge before me. The petitioner is seeking the following reliefs in this original petition: “i) to call for the records leading to Ext.P3 and quash the same by issue of writ of certiorari. o.p.4000/01 & cc 2 ii) a writ of mandamus or writ of similar nature or order or direction commanding the respondents to sanction and disburse entire revised pensionary benefits viz., revised DCRG, revised commuted value of pension etc. and arrears of pay and pension with penal interest as expeditiously as possible. iii) to declare that petitioner is entitled to get revised pensionary benefits.” 2. The contention of the petitioner is that the validity of the decision regarding the higher division officers has been the subject matter of a writ petition and a writ appeal (W.A.No. 3146/2001) before this Court. The challenge against the orders denying monetary benefits of pay revision with effect from 1.3.1997 has been upheld by this Court in that writ appeal. Although the Corporation filed SLPs, viz., SLP No.448 to 454 of 2002 against the judgment and obtained an interim order dated 11.1.2002, it is admitted that those SLPs have already been disposed as infructuous. The petitioner, therefore, submits that in view of the Division Bench decision of this Court and the decision of the Supreme Court, the petitioner has become eligible for all monetary benefits in respect of pay revision and consequent revision of retirement benefits with effect from 1.3.1997 including monetary benefits. 3. Although a counter affidavit and an additional counter affidavit has been filed, it is not disputed before me that the writ appeal judgment holds the field now. If that be so, Ext.P3 order relying o.p.4000/01 & cc 3 on the decision which has been reversed in that writ appeal, is unsustainable. Accordingly, Ext.P3 is quashed. It is declared that the petitioner is entitled to monetary benefits of pay revision with effect from 1.3.1997 and the revision of retirement benefits in accordance with Ext.P1 order. The petitioner now submits that the petitioner has been granted DCRG and commuted value of pension. In the above circumstances, this original petition is disposed of with a direction to the Corporation to pay all monetary benefits due to the petitioner on account of the pay revision, with effect from 1.3.1997, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. O.P.No.5281/2001: In this case the petitioner retired from the service of the Corporation as Inspector on 30.9.1998. The case of the petitioner in this case is similar to that of the petitioner in O.P.No.4000/2001. That being so, he has also become entitled to all monetary benefits on the basis of the pay revision orders with effect from 1.3.1997. The petitioner further submits that alleging excess payment to the petitioner, his pension for the month of January 2001 has been withheld. According to the petitioner, even if excess amounts have been paid, if the arrears of pay revision and consequent revision of o.p.4000/01 & cc 4 retirement benefits are sanctioned, the alleged excess amount paid can be adjusted against the same. Accordingly, this original petition is disposed of in terms of the judgment in O.P.No.4000/2001 with a further direction that if the excess amount has not already been recovered from the petitioner, the same shall be adjusted against the arrears due to the petitioner on account of the above directions. The original petitions are disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. =============== O.P.Nos.4000 (A)& 5281 (D) of 2001 =============== J U D G M E N T 29th January, 2009