IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16596 of 2011(Y) -------------------------------------- PETITIONER(S): ---------------------- 1. M.L. XAVIER PHILIP, MADATHIPARAMBIL HOUSE, KOTHAD POST OFFICE, CHENNUR, ERNAKULAM, PIN - 682 027, (INSPECTOR RETIRED, ALUVA, D/R 30/04/2003 2. C.K. THILAKAN, CHAKKUNGAL HOUSE, ANNALLUR POST OFFICE, THRISSUR - 680 731, INSPECTOR RETIRED MALA D/R 31/05/2007 3. M.N. SOBHANAN, MATTAKKATHUNDIL HOUSE, PONNURUNNI, KAIPARAMBU, ERNAKULAM - 682 019 MECHANIC RETIRED, KOTHAMANGALAM, D/R 31/12/2006) 4. C.K. VIJAYAN, CHALITHARAPARAMBIL HOUSE, VADUTHALA, KOCHI, ERNAKULAM - 682 023, CHARGEMAN - RETIRED KOTHAMANGALAM D/R 31/01/2007 5. T.J. THADEUS, PARATHIPARAMBIL HOUSE, C.M.C 28, CHERTHALA - 688 524, INSPECTOR - RETIRED ALAPPUZHA D/R 31/05/2008 6. K. GANGADHARAN, KOTTARATHIL HOUSE, KOZHUKKULLY NOW RESIDING AT KOTTARATHIL HOUSE, ERAVIMANGALAM, THRISSUR - 680 751, CONDUCTOR RETIED, THRISSUR D/R 31/01/2000 tss W.P.(C) NO.16596/2011 7. C.A. DEVASSY, CHUNGATH HOUSE, EAST BAZAR, THIROOR, M.G KAVU POST OFFICE, THRISSUR - 680 581, DISTRICT TRANSPORT OFFICER RETIRED, N.PARAVUR D/R 31/10/2007 RECEIVING PENSION FROM THRISSUR) 8. K. UNNIKRISHNAN, KALLEKAD HOUSE, NEAR CIVIL STATION, YAKKARA, PALAKKAD - 678 001, S.G. ASSISTANT RETIRED, PALAKKAD D/R 31/03/2009 9. V.V. JOSEPH, HARITHA NAGAR, NOORANI POST OFFICE, PALAKKAD - 678 004 INSPECTOR RETIRED, PALAKKAD D/R 28/02/2006 10. P.A. MICHAEL, PUTHENPURACKAL HOUSE, ASHTAMICHIRA POST OFFICE, THRISSUR - 680 731, INSPECTOR RETIRED, THRISSUR D/R 31/07/2008 11. P. GEORGE IGNATIOUS, PULIKKOTTIL HOUSE, JERUSALEM BAZAR, PAZHANJI POST OFFICE, THRISSUR - 680 542, FAIR COPY SUPERINTENDENT RETIRED, GURUVAYOOR D/R 30/04/2006 BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUTNS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 695 023. tss W.P.(C) NO.16596/2011 3. THE ADMINISTRATIVE OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 695 023. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR - 680 021. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM - 686 691. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MALA - 680 732. 7. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA - 683 101. 8. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA - 688 011. 9. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD - 678 001. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16596/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PENSIONER'S PASS 65711 ISSUED TO THE IST PETITIONER. P2:- COPY OF THE PENSIONER'S PASS 05461 ISSUED TO THE 2ND PETITIONER P3:- COPY OF THE PENSIONER'S PASS 16898 ISSUED TO THE 3RD PETITIONER. P4:- COPY OF THE PENSIONER'S PASS 16911 ISSUED TO THE 4TH PETITIONER. P5:- COPY OF THE IST PAGE OF THE PENSION PAYMENT ORDER ISSUED 5TH PETITIONER. P6:- COPY OF THE IST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER. P7:- COPY OF THE IST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER. P8:- COPY OF THE PENSIONER'S PASS 15520 ISSUED TO THE 8TH PETITIONER. P9:- COPY OF THE PENSIONER'S PASS NO.15462 ISSUED TO THE 9TH PETITIONER. P10:- COPY OF THE PENSIONER'S PASS 16478 ISSUED TO THE 10TH PETITIONER. P11:- COPY OF THE PENSIONER'S PASS 62601 ISSUED TO THE 11TH PETITIONER. P12:- COPIES OF THE PAGE NOS. 1,5,6,& 20 OF THE SETTLEMENT DTD. DT. 18.2.2009. P13:- COPY OF THE ORDER PA.23/001500/2009 DTD. 2.3.09. P14:- COPY OF THE JUDGMENT DT.D 16.2.2011 IN WPC. 4839/2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S.TO JUDGE tss C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16596 of 2011 ---------------------------- Dated 21st June, 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 dated 28.11.2008 executed 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.16596/2011 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 the 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. In case of failure on the part of the respondents to disburse the amount payable to the petitioners in terms of this judgment within the time stipulated above, it would carry interest at the rate of 6% per annum from 1.6.2009. The respondents shall also continue to pay pension to the petitioners at the revised rate. Sd/- C.T.RAVIKUMAR Judge TKS