IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17414 of 2011(B) ---------------------------------------- PETITIONER(S): ---------------------- 1. A.M. KRISHNANKUTTY, VADAKKEPURATH HOUSE, ALOOR POST OFFICE, MATTOM, THRISSUR-680 603, (CONDUCTOR-RETIRED, THRISSUR D/R 31-05-2006). 2. P.K. HARIDAS, PALLIKKATTIL HOUSE, VELAPPAYA POST OFFICE, THRISSUR-680 601. (STATION MASTER-RETIRED, THRISSUR D/R 31-08-2002) 3. K.M. THANKAPPAN, KAITHAVALAPPIL HOUSE, NANDIKARA POST OFFICE, THRISSUR-680 301, (VEHICLE SUPERVISOR-RETIRED, THRISSUR D/R. 31-05-2008) 4. K.K. VIJAYAN, KARUTHEDATH HOUSE, VALLISSERY, AVINISSERY POST OFFICE, THRISSUR-680 313. (DRIVER-RETIRED, GURUVAYOOR D/R 31-07-2008) 5. V.P. GOPINATHAN, VELIATH HOUSE, 'SURYARASMI', PATTITHADAM, PAZHANJI, THRISSUR-680 542, (ASST. TRANSPORT OFFICER-RETIRED, N. PARUR D/R 30-04-2007 RECEIVING PENSION FROM GURUVAYOOR). 6. E.K. DEVASSYKUTTY, EDAKALATHUR HOUSE, VAKAYAIL ROAD, CHIYYARAM POST OFFICE, THRISSUR, PIN-680 026, (STATION MASTER RETIRED, THRISSUR D/R 31-10-2006) 7. T.A. SARALA, PALLIPURATH VALAPPIL HOUSE, PANAMUKKU, NEDUPUZHA POST OFFICE, THRISSUR DISTRICT-680 652. (SUPERINTENDENT-RETIRED, THRISSUR D/R 31-05-2007) 8. P.S. RAMESAN, PONNADIPARAMBIL HOUSE, AYYAPPANKAVU, CHITTUR ROAD, ERNAKULAM-682 018. (MECHANIC-RETIRED, N. PARUR, D/R 31-03-2007) 9. N. RAMACHANDRAN, NAMBALA HOUSE, SWAPNAGIRI, MANNUR POST OFFICE, KOZHIKODE-673 328. (INSPECTOR-RETIRED, KOZHIKODE D/R. 30-09-2007). WP(C).No. 17414 of 2011(B) 10. P.M. JOHNY, PULIKKOTTIL HOUSE, PANIKAMADOM ROAD, ARAKINAR POST OFFICE, KOZHIKODE-673 028. (ASST. TRANSPORT OFFICER- RETIRED, SULTHAN BATHERY D/R 30-06-2007 RECEIVING PENSION FROM KOZHIKODE). BY ADV. SRI.C.V.MILTON RESPONDENT(S): -------------------------- 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 DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680 021. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NORTH PARUR-683 513. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, GURUVAYOOR-680 101. 7. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE-673 003. R1 TO R7 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17414 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSIONER'S PASS NO.27510 ISSUED TO THE 1ST PETITIONER. EXT.P2: COPY OF THE PENSIONER'S PASS NO.16564 ISSUED TO THE 2ND PETITIONER. EXT.P3: COPY OF THE PENSIONER'S PASS NO.16352 ISSUED TO THE 3RD PETITIONER. EXT.P4: COPY OF THE PENSIONER'S PASS NO.16532 ISSUED TO THE 4TH PETITIONER. EXT.P5: COPY OF THE PENSIONER'S PASS NO.62657 ISSUED TO THE 5TH PETITIONER. EXT.P6: COPY OF THE PENSIONER'S PASS NO.16555 ISSUED TO THE 6TH PETITIONER. EXT.P7 COPY OF THE PENSIONER'S PASS NO.16578 ISSUED TO THE 7TH PETITIONER. EXT.P8: COPY OF THE PENSIONER'S PASS NO.16079 ISSUED TO THE 8TH PETITIONER. EXT.P9 COPY OF THE PENSIONER'S PASS NO.18398 ISSUED TO THE 9TH PETITIONER. EXT.P10: COPY OF THE PENSIONER'S PASS NO.07600 ISSUED TO THE 10TH PETITIONER. EXT.P11: COPY OF THE PAGE NOS.1, 5, 6 & 20 OF THE SETTLEMENT DATED 28/11/2008. EXT.P12: COPY OF THE ORDER NO.PA23/001500/2009 DATED 02/03/2009. EXT.P13: COPY OF THE JUDGMENT DATED 16/02/2011 IN WP(C) NO. 4839/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.17414 of 2011 ---------------------------- Dated this the 28th day of June, 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. 3. 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.17414/2011 2 There will be a direction to the respondents to compute the revised pensionary benefits payable to the petitioners with effect from 1.4.2009 in terms of the 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) jma //true copy// P.A to Judge