IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 9009 of 2007(V) ------------------------------------ PETITIONER(S): ---------------------- 1. G. KRISHNAN NAIR, (RETD. ASST.SURGENT TVPM, DEPOT K.S.R.T.C), SANKARA BHAVAN, KALESWARAM, KALLIYOOR P.O., THIRUVANANTHAPURAM. 2. K. VIKRAMAN (RETD, STORE ATTENDER 1-GRADE CONTROL WORKS, PAPPANAMCODE DEPOT K.S.R.T.C) PUTHEN VEEDU, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM. 3. D. SULOCHANAN (RETD. DRIVER I-GRADE) MELEVEEDU, KARRIKKAKOM, SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. MR.D.KISHORE RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TRANSPORT (A) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER MR.V. MANU. R2 & R3 BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9009/2007-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.P. NO. 27295/2002 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE MEMORANDUM NO.PLB6-073271/95 DATED 15/01/2003. EXT.P3: COPY OF THE G.O.(MS)33/99 DATED 15/10/1999. EXT.P4: COPY OF THE JUDGMENT DATED 03/02/2005 IN O.P. NO. 10247/2003 OF THIS HONOURABLE COURT. EXT.P5: COPY OF THE G.O.(RT).68/2007/TRANS DATED 08/03/2007. EXT.P6: COPY OF THE ORDER NO.PA.23/4783/05 DATED 24/11/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9009 of 2007-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of August, 2009. JUDGMENT The petitioners, all retired prior to 1.4.1984, the date on which the second respondent Corporation, their employer KSRTC introduced a Pension Scheme, seek an order directing the Corporation to give them ex gratia pension. The provision for ex-gratia pension itself was a matter governed by Resolution of the Board of Directors of the Corporation drawn in its 330th Meeting held on 1.11.2006. The decision of the Corporation was to give such pension with effect from 1.11.2006 by implementing Government Order dated 18.9.1999. The policy decision of the Corporation was one that persons entitled to ex- gratia pension would not be eligible for any back arrears. Those are matters touching the policy of a statutory Corporation. It stands with the WP(C)9009/07 -: 2 :- approval of the competent Government. Obviously, therefore, the petitioners cannot claim any relief as sought for. In the result, this writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909