IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4476 of 2011(H) ------------------------------------- PETITIONERS: --------------------- 1. K.P.ASOKAN, S/O.A.K.PADMANABHAN, MYLANTHARA HOUSE, KIDANGANNOOR P.O., PATHANAMTHITTA, PIN-689 514, (ASST. TRANSPORT OFFICER, RETIRED ON 31/10/2007 FROM KATTAPPANA, PENSION FROM PATHANAMTHITTA). 2. M.N.RAVEENDRAN PILLAI, S/O.M.G.KRISHNA PILLAI, VRINDHA BHAVAN, VADASSERIKKARA, PATHANAMTHITTA, (INSPECTOR, RETIRED ON 30/06/2006 FROM PATHANAMTHITTA). 3. S.VASAVAN, S/O.M.K.SANKU, MUNDUCHIRAYIL, RUBY NAGAR P.O., CHANGANASSERY, (ASST. TRANSPORT OFFICER, RETIRED ON 30/11/2007 FROM PONKUNNAM PENSION FROM THIRUVALLA). 4. M.K.MONI, S/O.KUTTAPPAN, THUNDIYIL THARAS, PANNIYALI, OMALLUR P.O., PIN-689 647, (INSPECTOR, RETIRED ON 31/05/2007 FROM PATHANAMTHITTA) 5. P.R.JOB, PANDIPPILLY HOUSE, THAIKATTUKARA P.O., ALUVA, (MACHINEST, RETIRED ON 30/09/2008 FROM R/W. ALWAYE). 6. D.INDIRA, CHENATTU HOUSE, THAIKKATTUKARA P.O., ALUVA, (ASSISTANT, RETIRED ON 31/03/2008 FROM R/W, ALWAYE). W.P.(C). NO.4476/2011-H: 7. A.I.SURENDRAN, AYATTUPARAMBIL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, (COACH BUILDER, RETIRED ON 31/01/2007 FROM ERNAKULAM). 8. N.B.RAPHAEL, NEDUMPARABIL HOUSE, MARADU P.O., ERNAKULAM DISTRICT, (STORE ASSISTANT, RETIRED ON 28/02/2007 FROM ERNAKULAM). 9. IRENE JOICE PETER, PATTANIPURACKAL HOUSE, SASTHA TEMPLE ROAD, KUMBALANGY VAZHI, COCHIN-6, (SENIOR ASSISTANT, RETIRED ON 30/06/2006 FROM R/W ALWAYE). BY ADV. SRI.K.P.JUSTINE (KARIPAT). RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM-18. 3. THE MECHANICAL ENGINEER, KSRTC, REGIONAL WORKSHOP, ALWAYE – 683 101. 4. THE DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVALLA – 685 587. 5. THE DISTRICT TRANSPORT OFFICER, KSRTC, PATHANAMTHITTA – 689 645. R1 TO R5 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.4476 of 2011 ---------------------------- Dated 11th February, 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 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 obtained in this case, the writ petition is disposed of with the following directions: WP(C).No.4476/2011 2 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 TKS // True copy // P.S. to Judge