IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WA.No. 210 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36383/2009 Dated 06/01/2010 .................... APPELLANTS/PETITIONERS IN THE WPC ------------------------------------------------------------ 1. K.SURENDRAN PILLAI, (SUPERINTENDENT, KSRTC, CHADAYAMANGALAM, RTD.ON 28/02/2007), NIRMALYAM, VALANCERY, KILIMANOOR, THIRUVANANTHAPURAM. 2. S.SAJAN, (SUPERINTENDENT, KSRTC, CHIEF OFFICE, RTD.ON 31/03/2008), THEKKETHIL HOUSE, AROOR, MULAKKALATHUKAVU P.O. 3. S.SATHEENDRANATH, (DIVISIONAL ACCOUNTANT, KSRTC, CHIEF OFFICE, RTD. ON 31/05/2008), APARNA, NEAR ELLUVILA TEMPLE, KILIMANOOR, THIRUVANANTHAPURAM. 4. G.SREERANJAN, (SULPERINTENDENT, KSRTC, CHIEF OFFICE, RTD.ON 31/05/2008), KALIYILIVEEDU, MULLARAMCODE, MANAMBOOR P.O., KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT/RESPONDENT ------------------------------------------ KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. --------------------------- W.A. No. 210 OF 2010 -------------------------- Dated this the 25th day of February, 2010 J U D G M E N T Balakrishnan Nair, J. The appellants were the writ petitioners. They were employees of the respondent Kerala State Road Transport Corporation (hereinafter referred to as the “KSRTC”). They retired from service on 28.2.2007, 31.3.2008, 31.5.2008 and 31.5.2008 respectively. The salary of the employees of the KSRTC was revised under a settlement concluded on 28.11.2008. The settlement was given retrospective effect from 1.3.2006. So it covered the period during which the appellants were in service before their retirement. As per the terms of the settlement, the monetary benefits will be released only from 1.4.2009. In other words, the effect of the settlement from 1.3.2006 is only notional. In view of the above position, the appellants are not entitled to get any arrears of salary. But their pay is liable to be notionally refixed and terminal benefits are to be correspondingly revised. The appellants' claim was for release of the aforementioned benefits immediately. W.A No. 210/2010 2 But the same was resisted by the Corporation relying on Ext.P8. By Ext.P8 they published a schedule for payment of terminal benefits between 30.11.2009 and 31.12.2010 for those who retired after 1.3.2006, having regard to their dates of retirement. Feeling aggrieved by Ext.P8, the writ petition was filed. The learned single Judge declined to interfere with the same. Hence this appeal. 2. The KSRTC was bound to pay the benefits claimed by the appellants on 1.4.2009. Giving a reasonable period, at any rate, it should have ben released by 1.6.2009. Now, more than eight months are over and if Ext.P8 is enforced, they have to wait for few months more. The appellants submit that the reason advanced for delaying the payment, that is the quantum of work involved and the dearth of staff, is unjustified and without any basis. 3. We heard the learned standing counsel appearing for the KSRTC . The learned standing counsel filed a statement stating that because of the dearth of staff, the calculation is delayed and only because of that, the amounts due to the appellants could not be released immediately after the benefits became payable. We think it is a poor defence. During these days of computerisation, not much W.A No. 210/2010 3 time is required to revise the pensionary benefits of the appellants and to pay them the arrears arising therefrom. The appellants have a legal right to receive the revised pension along with arrears and the respondent has a duty to pay the same. Therefore, the respondent is directed to pay the amount due to the appellants within one month from the date of production/receipt on a copy of this judgment. If the same is not paid within the said time limit, the amount due to the appellants shall carry interest at the rate of 6% from 1.6.2009. The writ appeal is disposed of as above. K.BALAKRISHNAN NAIR, (JUDGE ) P.N.RAVINDRAN, (JUDGE) vps W.A No. 210/2010 4