IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 27016 of 2004(N) ----------------------------------------------- PETITIONER(S): ---------------------- 1. M.JOHN, RETIRED INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKARA DEPOT, RESIDING AT AMBALLOOR HOUSE, AMBALAKKARA P.O., KOTTARAKARA, KOLLAM DISTRICT. 2. M.YASODHARAN, RETIRED DEPOT ENGINEER, K.S.R.T.C., KOTTARAKKARA, RESIDING AT ANISH BHAVAN, THAZHAMEL, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): -------------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY SHRI K. PRABHAKARAN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.27016 OF 2004 N PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF THE JUDGMENT DATED 20.2.2001 IN OP NO.5763 OF 2001 FILED BY THE FIRST PETITIONER. EXT.P2TRUE COPY OF THE ORDER DATED 17.6.2003 ISSUED BY THE RESPONDENT. EXT.P3TRUE COPY OF THE JUDGMENT DATED 24.5.2004 IN W.P.(C).NO.15327 OF 2004. EXT.P4TRUE COPY OF THE ORDER DATED 24.7.2004. EXT.P5TRUE COPY OF THE JUDGMENT IN W.A.NO.2644 OF 2001 DATED 7.4.2003. RESPONDENT'S EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27016 OF 2004 N ---------------------------------------- Dated this the 29th January, 2009 JUDGMENT Complaint of the petitioners is directed against Ext.P4. A direction is sought to pay interest on the belated payment of retirement benefits at the rate at which interest was sanctioned to one Shri K.J. Antony vide Ext.P2 order. 2. Petitioners had approached this Court earlier and obtained Ext.P3 Judgment. They pointed out that they had been given retirement benefits after a lapse of time. As per Ext.P3 Judgment, Exts.P3 and P4 representations therein were directed to be considered in accordance with law, taking into account all circumstances, within two months from the date of a receipt of a copy of the Judgment. Ext.P4 is the order passed in purported compliance with Ext.P3 Judgment. Of course, the petitioners have referred to Ext.P5 Judgment. A Counter Affidavit is filed. Having regard to the financial position of the KSRTC, I do not think that I should exercise the discretionary jurisdiction under WPC.27016/04 N 2 Article 226 of the Constitution of India. Accordingly, the Writ Petition fails and it is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk.