IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 14351 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. P.K.NEELAKANTAN NAIR, S/O.KRISHNAN NAIR, PUTHUSSERIYIL HOUSE, THRIKKALATHOOR.P.O., MUVATTUPUZHA. (INSPECTOR, RETIRED ON 31.1.2006 FROM PERUMBAVOOR) 2. E.C.SOMAN, S/O.CHENNI, ELAMALAYIL HOUSE, VAZHAPPILLY, MUDAVOOR.P.O. (INSPECTOR, RETIRED ON 31.5.2003 FROM MUVATTUPUZHA) 3. K.K.MATHAI, S/O.KURIAKOSE, KALAPPURACKAL HOUSE, KIZHKOMBU.P.O., KOOTHATTUKULAM. ((INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.9.2001 FROM MUVATTUPUZHA) 4. M.K.BABU, S/O.KELAN, THOZHUTHUNKAL, AMBALLOOR.P.O., PIN-682 315, KANJIRAMATTOM, ERNAKULAM DISTRICT. (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.9.2003 FROM VAIKOM) 5. M.N.KUTTAPPAN, S/O.NARAYANAN, MANAYATHUKUDY, VALAYANCHIRANGARA.P.O., PERUMBAVOOR. (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.2.2003 FROM PEROORKADA, PENSION FROM PERUMBAVOOR) 6. K.S.ELDOSE, S/O.SKARIAH, KOTTALIL HOUSE, KOTTAPPADY.P.O., PIN-686 695. (SPECIAL ASSISTANT, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.1.2006 FROM PERUMBAVOOR) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM. PIN-692 523. WP(C).No. 14351 of 2011(T) :2: 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VAIKOM. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PEROORKADA. BY SRI. V.V. NANDAGOPAL NAMBIAR, STANDING COUNSEL, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14351 of 2011(T) APPENDIX PETITIONER'S APPENDIX: EXT.P1 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 1ST PETITIONER EXT.P2 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO TH 2ND PETITIONER EXT.P3 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO TH 3RD PETITIONER EXT.P4 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO TH 4TH PETITIONER EXT.P5 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO TH 5TH PETITIONER EXT.P6 : TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO TH 6TH PETITIONER EXT.P7 : TRUE COPY OF THE ORDER NO. LR.8-012426/2000 DATED 10.8.2000 ISSUED BY THE RESPONDENT CORPORATION EXT.P8 : TRUE COPY OF THE ORDER NO. LR.8-012426/2002 DATED 11.9.2002 ISSUED BY THE RESPONDENT CORPORATION EXT.P9 : TRUE COPY OF THE PAGE NO.7 OF THE BILATERAL AGREEMENT SHOWING THE RESTORATION OF THE UPGRADATION EXT.P10 : TRUE COPY OF THE JUDGMENT DATED 25.2.2010 IN W.A. NO.240/2010 OF THIS HON'BLE COURT EXT.P11 : TRUE COPY OF JUDGMENT DATED 253.2011 IN W.P(C) NO.9537/2011 OF THIS HONOURABLE COURT RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 14351 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 J U D G M E N T The petitioners are retirees from the service of the Kerala State Road Transport Corporation(for short 'Corporation'). This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondents to implement Clause XII of the agreement dated 28.11.2008 and grant scale upgradation and additional increment to the petitioners with effect from 1.8.2000 and to revise their pension accordingly. 2. When this matter is taken up for consideration, the learned counsel for the petitioner submitted that as per the judgment in WPC() No.24064/2010 this Court considered similar claims raised by the similarly situated retirees from the service of the Corporation and the respondent authorities were directed to consider such claims and to take a decision thereon. It was also directed therein to grant the benefits in case the petitioners are found eligible for the benefits which they have claimed. The specific contention of the petitioners is WPC.14351/2011 : 2 : that their claims are akin to the claims raised by the petitioners therein and which were directed to be considered. In the said circumstances, this writ petition is disposed of in the light of the judgment in WPC() No.24064/2010. Accordingly, there will be a direction to the first respondent to consider and pass orders on the claims made by the petitioners and if the petitioners are found eligible for benefits they shall be sanctioned and disbursed to them within a period of three months from the date of receipt of copy of this judgment. Since the claims of the petitioner raised in this writ petition are allegedly, similar to the claims raised by the petitioners in WP(C) 24064/2010 the respondents shall look into the out come of the consideration of the claims of the petitioners in WP(C) NO.24064/2010 while considering the claims of the petitioners. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge