IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2637 of 2011(D) ------------------------------------- PETITIONERS: --------------------- 1. A.SHAMSUDEEN, AGED 58 YEARS, S/O.ABHOOBAKER, KARUPPAVELIYIL, NEAR C.P.T.HOSTEL, PUNNAPRA P.O., ALAPPUZHA DISTRICT. 2. N.SASIDHARAN, DWARAKAPURI, CMC XIV, CHERTHALA P.O., CHERTHALA. 3. V.K.SASIDHARAN, KANDATHIL VEEDU, KARUKAYIL WARD, THATHAMPALLI P.O., ALAPPUZHA DISTRICT. 4. K.T.CHACKO, NARICHIRAYIL HOUSE, MANNANCHERRY P.O., ALAPPUZHA DISTRICT. 5. K.K.PRABHAKARAN, NAYAKKAPARAMBU VEEDU, ARYAD NORTH P.O., ALAPPUZHA DISTRICT. 6. N.S.BAHIR, NADUVATHEZHATHU HOUSE, PONNAD P.O., ALAPPUZHA DISTRICT. BY ADVS. SRI.S.JAYAKRISHNAN, SRI. S. UNNIKRISHNAN NAIR. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY TIS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. W.P.(C). NO.2637/2011-D: 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA- 688 001. R1 TO R3 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.2637 OF 2011 -------------------------------------------- Dated this the 27th day of January, 2011 JUDGMENT The petitioners are retirees from the service of the Kerala State Road Transport Corporation (for short 'the Corporation'). They retired from its service on diverse dates. After their retirement from service, pursuant to the bipartite settlement executed between the Corporation and its employees on 28.11.2008, the pensionery benefits were revised with effect from 1.3.2006 subject to the condition that monetary benefits would be paid only with effect from 1.4.2009. In this Writ Petition, the petitioners claim disbursement of the revised pensionery benefits with effect from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008. 2. I have heard the learned counsel for the petitioners as also the learned standing counsel appearing for the respondents. To buttress the claim, the petitioners place reliance on judgment of this Court in W.P.(C). No.31684/2010 which was rendered relying on a Division Bench decision in W.A.No.210/2010. Taking note of the decision by the Division Bench, the said Writ Petition was disposed of directing the respondents to grant W.P.(C) NO.2637/2011 2 the petitioners revised pensionery benefits payable to them with effect from 1.4.2009. The learned standing counsel appearing for the respondents endorsed the contention that the matter in issue is squarely covered in favour of the petitioners. In view of the said position obtained in this case, this Writ Petition is disposed of with a direction to the respondents to compute the revised pensionery benefits payable to the petitioners with effect from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008 and to disburse the arrears based on such refixation expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In case of failure on the part of the respondents to effect payment in terms of the above direction, the arrears of pension payable to the petitioners would carry simple interest at the rate of 6% per annum with effect from 1.6.2009. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.2637/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.2637/2011 4