IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 18055 of 2011(T) -------------------------------------- PETITIONERS: --------------------- 1. A.P.ANTONY, ANCHANICKAL HOUSE, THEVARMADOM ROAD, CHOWANNUR POST OFFICE, THRISSUR-680 503 (INSPECTOR, RETIRED, GURUVAYOOR, D/R 30.04.2007). 2. P.A.SUBRAMANIAN, PONNARASSERY HOUSE, KAKKAD, KUNNAMKULAM POST OFFICE, THRISSUR-680 503, (VEHICLE SUPERVISOR, RETIRED, GURUVAYOOR, D/R 31.05.2007). 3. T.A.JOSA, THURAKKAL HOUSE, THURUTHIPURAM, MOOTHAKUNNAM POST OFFICE, ERNAKULAM-683 516, (INSPECTOR-RETIRED, NORTH PARUR, D/R 30.06.2007). 4. N.A.BAKER, NAMBOORIMADATHIL HOUSE, AZHEEKODE JETTY, KODUNGALLUR, THRISSUR-680 666, (INSPECTOR-RETIRED, NORTH PARUR, D/R 31.03.2006). 5. T.RAJEEVAN, THONIYIL HOUSE, VELLANGALLOOR POST OFFICE, IRINJALAKUDA, THRISSUR-680 662, (DRIVER-RETIRED NORTH PARUR, D/R 31.10.2007). 6. T.G.SASIDHARAN, THAZHATH HOUSE, VELLANGALLUR, KONATHUKUNNU POST OFFICE, THRISSUR-680 123, (DRIVER-RETIRED, NORTH PARUR, D/R 31.03.2007). 7. A.V.GOPINATHAN, AYINIKUNNAN HOUSE, OLLUR POST OFFICE, THRISSUR-680 306, (VEHICLE SUPERVISOR-RETIRED, GURUVAYOOR, D/R 31.12.2007). BY ADV. SRI.C.V.MILTON W.P.(C). NO.18055/2011-T: RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE ADMINISTRATIVE OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 4. THE ADMINISTRATIVE OFFICER (GENERAL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, GURUVAYOOR – 680 011. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, N.PARUR – 682 039. R1 TO R6 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18055/2011-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PENSIONER'S PASS NO.62620 ISSUED TO THE P.1. EXT.P.2: COPY OF THE PENSIONER'S PASS NO.62627 ISSUED TO THE P.2. EXT.P.3: COPY OF THE PENSIONER'S PASS NO.45584 ISSUED TO THE P.3. EXT.P.4: COPY OF THE PENSIONER'S PASS NO.16064 ISSUED TO THE P.4. EXT.P.5: COPY OF THE PENSIONER'S PASS NO.16238 ISSUED TO THE P.5. EXT.P.6: COPY OF THE PENSIONER'S PASS NO.73163 ISSUED TO THE P.6. EXT.P.7: COPY OF THE PENSIONER'S PASS NO.02192 ISSUED TO THE P.7. EXT.P.8: COPY OF THE ORDER NO.PA23/001500/2009 DTD. 02/03/2009. EXT.P.9: COPY OF THE JUDGEMENT IN 4839/2011 PRONOUNCED ON 16/02/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.18055 OF 2011 ------------------------------- DATED THIS THE 5TH DAY OF JULY, 2011 JUDGMENT Petitioners retired from the services of the Kerala State Road Transport Corporation (KSRTC) on different dates in 2006 and 2007. The dates of retirement are mentioned in paragraph 2 of the writ petition. 2. The relief sought for in the writ petition is for an order directing the respondents to pay the arrears of the revised pension with effect from April, 2009 and to pay interest at the rate of 12% per annum on the arrear amount due to them for the culpable delay in paying the revised pension as per Ext.P8 order. 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the KSRTC. 4. The issue involved in this writ petition can be disposed of in terms of the directions in the judgment in W.P.(C). No.34325/2010 and connected matters. This Court after hearing -2- W.P.(C).No.18055/2011 W.P.(C).No.34325/2010 and connected matters directed the Corporation to disburse the arrears of salary and pension, after taking into consideration the bipartite settlement on 13/4/1999. The facts of this case are similar to the case so decided and therefore the petitioners are entitled to get the same relief as has been granted in the said case. 5. A Division Bench of this Court in Writ Appeal No.210/2010 also took a similar view and appropriate directions were issued to the Corporation to pay the amount due to the appellants therein and if the same is not paid within the stipulated time, the amount due to the appellants shall carry interest at 6% per annum from 1/6/2009. In the above circumstances, this writ petition is disposed of directing the respondents to disburse the benefits payable to the petitioners in terms of the directions in the judgment in W.P.(C).No.34325/2010 and connected matters. The benefits -3- W.P.(C).No.18055/2011 shall be disbursed to the petitioners within a period of six months from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the Corporation to disburse the benefits to the petitioners within the time stipulated above, the amount shall carry interest at 6% per annum. HARUN-UL-RASHID, Judge. kcv. The words “six months” occurring in line 1 of page 3 of the judgment dated 05/07/2011 in WP(C) 18055/2011 are corrected and substituted as “one month”, vide order dated 17/08/2011 in I.A. 12972/2011. Sd/- Registrar (Judicial)