IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 5570 of 2011(U) ------------------------------------- PETITIONERS: --------------------- 1. N.P. SREEKUMARA PILLAI, S/O. PARAMESWARAN PILLAI, PARAMESWARA MANDIRAM, KAITHOTH ROAD, PALARIVATTOM.P.O, ERNAKULAM DISTRICT, (CHARGEMAN, RETIRED ON 31/12/2008 FROM MALA) 2. K. SADASIVAN PILLAI, S/O.C.P. KESAVAN NAIR, MADATHIL HOUSE, EZHUPUNNA.P.O, PIN - 688 548. (INSPECTOR, RETIRED ON 31/12/2007 FROM ERNAKULAM) 3. K.N. VISWAMBHARAN, S/O. NANU, KUNNAMKULATHIL HOUSE, KULAYETTIKARA.P.O, PIN - 682 315 STATION MASTER, RETIRED ON 30/11/2007 FROM ERNAKULAM. 4. M.J. GEORGE, S/O.M.T. JOSEPH, MULACKAL HOUSE, THATHAMPILLY.P.O, ALAPPUZHA, CONDUCTOR, RETIRED ON 31/08/2006 FROM ALAPPUZHA. 5. K.M. BABY, S/O. MATHEW.K.J, KODUMMAKKATTIL HOUSE, KIZHAKOMBU.P.O, KOTTATHATTUKULAM - 686 662 CONDUCTOR, RETIRED ON 30/09/2007 FROM MUVATTUPUZHA 6. B. KRISHNA KUMARI, D/O. KRISHNA PILLAI, XII/305, CHEMBISSERY LANE, S.N. JUNCTION, THRIPUNITHURA, SUPERINTENDENT, RETIRED ON 31/07/2007 FROM ERNAKULAM. BY ADV. SRI.K.P.JUSTINE (KARIPAT). W.P.(C). NO.5570/2011-U: RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM -23. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM – 18. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, ALAPPUZHA – 688 001. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, MUVATTUPUZHA – 04. 5. THE ASSISTANT TRANSPORT OFFICER, KSRTC, MALA – 02. 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 22/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.5570 OF 2011 -------------------------------------------- Dated this the 22nd day of 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 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 obtained in this case, the Writ Petition is disposed of with the following directions: W.P.(C) NO.5570/2011 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. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.5570/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.5570/2011 4