IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 421 of 2011(C) ----------------------------------- PETITIONER(S): ----------------------- 1. P.V.JOSE, S/O.VAREED, PARACKA HOUSE, KIDANGOOR.P.O., PIN-683 572, ANKAMALY, ERNAKULAM. (MECHANIC, RETIRED ON 31.3.2008 FROM R/W ALWAYE) 2. K.G.THANKAPPAN, S/O.GOVINDAN, KAKKANATTUKUZHI HOUSE, KARUKUNNU, U.C.COLLEGE.P.O., ALWAYE-2. (BLACKSMITH, RETIRED ON 31.3.2006 FROM R/W ALWAYE) 3. M.P.KRISHNAN, S/O.PAPPUTTAN, MADATHEDATHU, PRALAYAKAD, THURUTHY.P.O., PERUMBAVOOR. (BLACKSMITH, RETIRED ON 31.5.2007 FROM PERUMBAVOOR) 4. P.G.MADHAVAN, S/O.GOPALAN.P.K., PANNIYANKARA, MUDAKUZHA.P.O., ERNAKULAM DISTRICT. (BLACKSMITH, RETIRED ON 28.2.2007 FROM PERUMBAVOOR) 5. S.JAMES, S/O.SIMON, KAITHAYIL HOUSE, CHIRAVELICKUNNU ROAD, P.O.MUDICKAL, PERUMBAVOOR. (BLACKSMITH, REITRED ON 31.3.2007 FROM R/W. ALWAYE) 6. K.K.NARAYANAN, S/O.AYYAPPAN KODUVELIPARAMBIL HOUSE,MAIKKAD PO, ANGAMALY(CHIEF MECHANIC,RETIRED ON 30/11/2007 FROM R/W,ALWAYE). 7. A.V.JOHN,S/O.VARGHESE,ASARIPARAMBIL HOUSE, VYTTILA PO, ERNAKULAM(VEHICLE SUPERVISOR, RETIRED ON 31/5/2007 FROM ERNAKULAM). 8. M.A.BALAKRISHNAN,S/O.AYYAPPAN, MENACHERIL HOUSE,SOBHA ROAD,VENNALA PO, COCHIN - 682 028(MECHANIC,RETIRED ON 30/6/2007 FROM R/W, ALWAYE). sts WP(C) NO.421/2011 9. A.F.ANTONY MARTIN,S/O.FABIN,ALUNGAL HOUSE,BOLGATTY,MULAVUKAD PO,ERNAKULAM DISTRICT (MECHANIC,RETIRED ON 30/11/2006 FROM R/W,ALWAYE). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT PO,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT PO,THIRUVANANTHAPURAM-23. 3. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM-18 4. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR.683 542 5. MECHANICAL ENGINEER, REGIONAL WORKSHOP, KERALA STATE ROAD TRANSPORT CORPORATION, ALWAYE.683 101. R1 TO R5 BY ADV.SRI.V.V.NANDAGOPAL NAMBAIR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.421 OF 2011 -------------------------------------------- Dated this the 6th day of January, 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. After their retirement, consequent to a bipartite settlement between the Corporation and its employees, pensionery 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. 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 pensionery 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: W.P.(C).No. 421/2011 2 There will be a direction to the respondents to compute the revised pensionery 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. (C.T. RAVIKUMAR, JUDGE) spc C.T. RAVIKUMAR, J. JUDGMENT September, 2010