IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 34365 of 2004(N) -------------------------- PETITIONER: ------------ V.K. SADANANDAN, AGED 62 YEARS, S/O. KANDA, RESIDING AT NJALUVALLIL HOUSE, T.V. PURAM P.O., VAIKOM, KOTTAYAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., VAIKOM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 34365/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE RELEVANT PAGES OF PENSION PAYMENT ORDER TO THE PETITIONER. P2. COPY OF THE ORDER REGARDING GRATUITY DTD.3.3.98. P3. COPY OF THE ORDER DTD.3.3.98. P4. COPY OF THE REPRESENTATION DTE.12.7.04. P5. COPY OF THE ORDER DTD.7.10.99 BY THE RESPONDENT. P6. COPY OF THE PENSION SCHEME DTD.16.10.2000. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.34365 of 2004 ================== Dated this the 17th day of September, 2008 J U D G M E N T The petitioner is a retired employee of the Kerala State Road Transport Corporation. His date of superannuation is 7.2.1997. By virtue of the service rules applicable, he was liable to be superannuated only on the last date of the month of his superannuation date. Accordingly he retired from service on 28.2.1997. The KSRTC brought into force a revised pension scheme by Ext.P5 order dated 7.10.1999, in which it was stipulated that that order would have effect from 1.3.1997. The petitioner's submission is that that order is applicable to him also since he became a pensioner consequent to his retirement on 28.2.1997, only on 1.3.1997. He relies on the decision of this Court in Union of India v. K.J.George [2003 (2) KLT 978] in support of his contention, wherein a Division Bench of this Court has held that employee who retires on the last date of a particular month becomes a pensioner on the first date of the next month. 2. The learned Standing Counsel for the KSRTC contends that the decision in George's case (supra) does not hold good anymore in so far as the Supreme Court has reversed the same in Civil Appeal Nos.2907/2005, 2908/2005 and 789/2006. He w.p.c.34365/04 2 would further contend that the law as on today is the one declared by another Division Bench of this Court in Union of India and others v. A.N.Viswambaran and others [2008 (2) ILR 635], which holds that an employee who retires on the last day of a month cannot claim benefit of revision of pension which comes into force on the 1st day of the next month. 3. I have considered the rival contentions in detail. 4. The decision in George's case (supra) has been reversed by the Supreme Court in Civil Appeal Nos.2907 & 2908 of 2005 and 789/2006. That being so, the law applicable is the one laid down by the Division Bench of this Court in Viswambaran's case (supra). As per that decision, a person who retires on 31st of a month cannot claim benefit of revision of pension, which came into force on the first day of the next month. The petitioner retired from service on 28.2.1997 and Ext.P5 scheme came into force only on 1.3.1997. Therefore, going by the above said decision, the petitioner is not entitled to the benefit of Ext.P5 pension scheme. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.34365/04 3