IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 13268 of 2011(G) --------------------------------------- PETITIONER(S): ---------------------- 1. B.RAJAN, S/O. BHASKARAN, KALATHIL HOUSE, KUDAYANAPURAM.P.O., VAIKOM, (SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-03-2008 FROM VAIKOM) 2. S. SIVANKUTTY NAIR, S/O. SIVARAMAN NAIR, S.R.BHAVAN,MEKKADAMBU.P.O., KADATHY, ERNAKULAM DISTRICT. (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-5-2007 FROM KOTHAMANGALAM.) 3. PAUL.A. PAILY, S/O. PAILY, ATHIRAMPUZHA HOUSE,POTHANICADU.P.O.,PIN-686671 (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 30-4-2007 FROM KOTHAMANGALAM.) 4. K.P. ALIAS, S/O. PAILY, KUTTIKADAN HOUSE, KOTTAPPADY.P.O., KOTHAMANGALAM.(CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-5-2007 FROM KOTHAMANGALAM) 5. GRACY YACOB, W/O. K.K.YAKOB, KOONAMTHAZHATH, PONNEKKAD, KEERAMPARA.P.O., KOTHAMANGALAM. (PEON, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-05-2007 FROM KOTHAMANGALAM.) 6. M.V. PURUSHOTHAMAN NAIR, S/O. NARAYANAN NAIR, KRISHNA VILAS, PALLARIMANGALAM.P.O., POTHANICADU-686671. (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-5-2007 FROM MUVATTUPUZHA.) 7. O.V.CHERIAN. S/O. VARKEY,OLICKAL HOUSE, ADIMALY.P.O.,(ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 30-11-2007 FROM ALUVA PENSION FROM KOTHAMANGALAM.) W.P.(C) NO.13268/2011 8. K.R.ROHINIKUMAR, ROHINI SADANAM, AZHOOR, PATHANAMTHITTA(ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 30-06-2008 FROM ADOOR PENSION FROM PATHANAMTHITTA, SALARY CARD AT PATHANAMTHITTA) 9. F. ALPHONSE, S/O. FRENCHU, KARUKAYIL PUTHEN VEEDU,ARYAD SOUTH, AVALOOKUNNU.P.O., (STORE ISSUER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-10-2008 FROM ALAPPUZHA) 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-23 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,VAIKOM 686 111. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM 686 671. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR 682 035. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,ADOOR 681 395. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA681 121. 7. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA 681 002. 8. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA 688 002. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. ........................................... W.P.(C).NO.13268 OF 2011 ............................................. Dated this the 23rd day of May, 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 between the Corporation and its employees, pensionery 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. 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 pensionery 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 W.P.(C).NO.13268 OF 2011 : 2 : obtained in this case, the writ petition is disposed of with the following directions: There will be a direction to the respondents to compute the revised pensionery benefits payable to the petitioners with effect from 1.4.2009 in terms of 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. It is made clear that on failure on the part of the respondents to disburse the arrears of pension in terms of the directions in this judgment, the amount would carry simple interest at the rate of 6% per annum from 1.6.2009. The respondents shall also continue to pay the petitioners pension at the revised rate. Sd/= C.T. RAVIKUMAR, JUDGE. /true copy/ P.S. to Judge. cl