IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 5415 of 2011(B) ------------------------- PETITIONER(S): --------------- 1. M.T.VARGHESE, S/O.THOMAS, MASHNASSERY HOUSE, CHIRACKAKAM, VARAPPUZHA, (ATO RETIRED ON 29.2.2004 FROM VELLANAD- PENSION FROM EKM). 2. O.G.RAMACHANDRAN NAIR, S/O.GOVINDAN NAIR, OLATTALATH HOUSE, MEKKADAMBU PO, (INSPECTOR RETIRED ON 31.10.2003 FROM PERUMBAVOOR). 3. K.S.MATHAI, S/O.KORA, THOZHUTHNKAL PARAMBIL HOUSE, NORTH MAZHUVANNOOR PO (INSPECTOR RETIRED ON 30.6.1993 FROM PERUMBAVOOR). 4. KUSUMAKARAN. C.K., S/O.KUNJAN, CHALLAT HOUSE, OCHANTHURUTH P.O. (DRIVER RETIRED ON 31.05.05 FROM NORTH PARAVUR). 5. K.V.RAJENDRAN, S/O.VELAYUDHAN, SWATHISH BHAVAN, PONNADU P.O. 688538, (INSPECTOR RETIRED ON 30.06.2002 FROM CHERTHALA). 6. C.P.SASIDHARAN NAIR,S/O.PRABHAKARAN NAIR KANJIRAZHATH HOUSE, THIRUNALLOOR P.O., CHERTHALA: 688557 (INSPECTOR RETIRED ON 30.06.2006 FROM CHERTHALA). 7. N.PURUSHOTHAMAN, S/O.NARAYANAN, USHAS BHAVAN, MAYITHARA P.O., CHERTHALA (INSPECTOR RETIRED ON 31.1.2005 FROM ALAPPUZHA). 8. ANTONY FERNANDES, S/O.ALOYSIUS FERNANDES ANUBHAVAN, KUTHIRAPPANTHY WARD, THIRUVAMBADI PO, ALAPPUZHA. 9. N.SURANDRAN, S/O.NARAYANAN, SURABHILA, S.N.PURAM P.O., 688582, (INSPECTOR RETIRED ON 31.3.05 FROM ALAPPUZHA). W.P.(C) NO.5415 OF 2011 10. P.M.RAVEENDRAN, S/O.MADHAVAN NAIR, PARAPALLIL HOUSE, MARADU P.O. 682 304, (INSPECTOR RETIRED ON 30.4.2001 FROM ERNAKULAM). 11. C.G.PRASANNAN, S/O.GANGADHARAN, PRASANTHI, VATTACHAL P.O. 688529 (INSPECTOR RETIRED ON 30.11.04 HLA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 23. 2. THE EXECUTIVE DIRECTOR ADMINISTRATION, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM - 11. 4. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR – 688 530. 5. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARAVUR – 39. 6. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA – 688 587. 7. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA – 688 581. R1 TO R7 BY ADV. V.V. NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SM C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.5415 of 2011 ---------------------------- Dated 21st February, 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, pensionary 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. 3. 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 pensionary 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: WP(C).No.5415/2011 2 There will be a direction to the respondents to compute the revised pensionary 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. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge