IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 24064 of 2010(G) -------------------------------- PETITIONERS: ---------------- 1. K.K.VASU, KATTUMMAL HOUSE, CHENGANATTU PARAMBU, KADAYABHAGAM, PALLURUTHY, COCHIN-6. (INSPECTOR-RETIRED,KSRTC, ERNAKUAM DEPOT) 2. V.K.ACHUTHAN, VALIAPARAMBIL, KANNACHANTHODE ROAD, PACHALAM, COCHIN-12. (INSPECTOR-RETIRED,KSRTC, ERNAKUAM DEPOT) 3. V.B.RADHAKRISHNAN, VALIA MADATHIL, VENNALA.P.O, COCHIN, ERNAKULAM-682028. (INSPECTOR-RETIRED,KSRTC, ERNAKUAM DEPOT) 4. V.S. ABDUL KARIM, VALIAPARAMBIL, 7/467, CHENGAMANAD.P.O. ERNAKULAM DISTRICT. (INSPECTOR-RETIRED,KSRTC, ERNAKUAM DEPOT) 5. T.S. SIDHARTHAN, KOTTAPARAMBIL HOUSE, CITIZEN ROD, COCHIN-682018. (INSPECTOR-RETIRED,KSRTC, ERNAKUAM DEPOT) 6. P.P.SASI, MADATHIPARAMBIL, KADAYABHAGAM, PALLURUTHY, COCHIN-682006. (H.V.S.-RETIRED,KSRTC, ERNAKUAM DEPOT) BY MR.C.V.MILTON, ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. WP(C).No. 24064 of 2010 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. 3. THE PERSONNEL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., ERNAKULAM. BY MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24064 OF 2010 --------------------------------------- Dated this the 2nd day of August, 2010. J U D G M E N T The petitioners were the employees of KSRTC who retired from service on various dates as shown in the 1st paragraph of the writ petition. Exhibits P1 to P6 are the relevant pages of the Pension Payment Orders. 2. It is the case of the petitioners that consequent to the implementation of 1997 pay revision, the petitioners were getting a lesser pay than their counterparts in the clerical and mechanical category with the same length of service and after the bilateral discussions of the respondents with the representatives of the recognized unions on 30.12.1999 and 08.01.2000, it was decided to rectify the anomalies to the maximum extent possible in the 272nd and 273rd meetings of the Board of Directors. Follow up actions have been taken and therefore, it was decided to grant an additional increment to regular employees who served the W.P.(C) No.24064/2010 2 Corporation during the period from 01.01.1972 to 31.07.1979 as daily wage employees and completed 365 days of duties during the entire period of daily wages. This was given effect from 01.08.2000. Exhibit P7 is the order applicable to the Inspectors by which the pay of the parties were enhanced also. Later the Corporation issued another order dated 11.09.2002 directing all the unit officers to cancel the benefits of upgradation granted with effect from the actual date of implementation itself and to restore the pay of the employees to the pre-upgraded position with normal increments due to them upto 31.08.2002. A copy of the said order has been produced as Exhibit P8. It is pointed out that excess amounts have also been recovered from the petitioners. 3. In this writ petition, the petitioners seek for a direction to the respondents to pay the revised pension with effect from 4/2009 with arrears immediately as per Exhibit P9 order. Exhibit P9 is the order which provides for restoration of the upgradation/additional increment with retrospective effect from W.P.(C) No.24064/2010 3 01.08.2000 with notional effect. It is pointed out that later the Corporation has issued a Circular dated 18.03.2009 instructing all the unit officers to implement the order giving illustrations to it. It is pointed out that the petitioners have not been granted the benefit so far. It is further pointed out that in Writ Appeal No.210/2010, the copy of the judgment of which has been produced as Exhibit P10, directions have been issued in the case of similarly placed persons. 4. Learned Standing Counsel for the KSRTC submitted that after conducing a due enquiry alone, it can be found out whether the petitioners are entitled for the benefit as prayed for in this writ petition. Therefore, there will be a direction to the 1st respondent to conduct due enquiries with regard to the claim of the petitioners and if it is found that they are eligible, the eligible benefits will be sanctioned and disbursed to them and appropriate communication will be issued within a period of three months from the date of receipt of a copy of this judgment. The W.P.(C) No.24064/2010 4 entitlement of the petitioners for the benefit of Exhibits P9 and P10 will be considered specifically. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp