IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35125 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. M.SUDHAKARAN, S/O.MADHAVAN VAIDYAR, KOTHAM VEEDU, AROOKUTTY P.O.-688535) (INSPECTOR RETIRED ON 31.5.2007 ANKAMALY). 2. M.A.ANTONY, MULLEPPARAMBIL HOUSE, EDACOCHI, KOCHI-682006 (INSPECTOR, RETIRED ON 31.01.2007 ERNAKULAM) 3. M.A.JOSEPH, MANPURACKAL VEEDU, VENNALA P.O., COCHIN-682028. (SUPERINTENDENT, RETIRED ON 31.3.2006 N.PARAVOOR PENSION RECEIVING FROM ERNAKULAM). 4. C.L.OUSEPH, CHIRAYINMEL HOUSE, PLAY GROUND ROAD, ELAMAKKARA P.O., (ELECTRICIAN, RETIRED ON 29.2.2008 R/W ALUVA). 5. P.P.ABDUL KAREEM, ANZAR MANSIL, AROOCKUTTY P.O., PIN-688 535. (STATION MASTER RETIRED ON 30.4.2007 ANKAMALY PENSION RECEIVING FROM CHERTHALA). 6. T.S.SAHADEVAN, S/O.T.K.SREEDHARAN, THACHIRUKALATHIL, KOLLAD P.O., KOTTAYAM. (UPHOLSTER, RETIRED ON 31.12.2007 FROM KOTTAYAM). 7. T.K.ABRAHAM, EZHUMAYIL HOUSE, PANCODE P.O., PUTHENCRUZ. (ASSISTANT TRANSPORT OFFICER, RETIRED ON 31.1.2007 FROM MUVATTUPUZHA). 8. P.R.VIJAYAN, S/O.M.K.RAMAKRISHNAN, PUTHENPURAYIL, MANAPPURAM P.O., (CONDUCTOR, RETIRED ON 31.1.2007 FROM CHERTHALA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) WP(C).No. 35125 of 2010(M) 2 RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ANKAMALY. 4. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM. 5. THE MECHANICAL ENGINEER, REGIONAL WORKSHOP, KSRTC, ALUVA. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA. 7. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. 8. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MOOVATTUPUZHA. BY SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.35125 of 2010 ----------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioners are former employees of the Kerala State Road Transport Corporation, hereinafter referred to as the Corporation for short. They retired from service on 31.5.2007, 31.3.2006, 31.3.2006, 29.2.2008, 30.4.2007, 31.12.2007, 31.12.2007 and 31.1.2007 respectively. After the petitioners retired from service, pursuant to a bilateral agreement entered into between the Corporation and its employees their pensionary benefits were revised with effect from 1.3.2006 subject to the condition that the monetary benefits will be paid only with effect from 1.4.2009. In this writ petition, the petitioners claim payment of the revised pensionary benefits with effect from 1.4.2009 in terms of the aforesaid settlement. 2. Sri.V.V.Nandagopal Nambiar, learned standing counsel appearing for the Corporation submits that the issue raised by the petitioners is covered in their favour by the judgment of a Division Bench of this Court and that the Corporation will determine the W.P(C).No.35125 of 2010 -:2:- revised pensionary benefits payable to the petitioners and disburse the arrears with effect from 1.4.2009 expeditiously. In the light of the said submission I dispose of the writ petition with a direction to the respondents to compute the revised pensionary benefits payable to the petitioners with effect from 1.4.2009 under the settlement concluded on 28.11.2008 and to disburse the arrears expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. It is clarified that if payment as directed above is not made within the time limit of one month, the arrears of pension payable to the petitioners will carry simple interest at the rate of 6% per annum from 1.6.2009. Needless to say the respondents shall continue to pay revised pension to the petitioners. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.35125 of 2010 ---------------------------- JUDGMENT 23rd November, 2010