IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15904 of 2011(K) -------------------------- PETITIONER(S): --------------- 1. P.J.RAJADAS, S/O.JOEL, CRA-G 29, CHARACHIRA, KOWDIAR P.O., THIRUVANANTHAPURAM, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, VIKAS BHAVAN DEPOT, RETIRED ON 30/4/07). 2. V.RAJENDRAN, ASWATHY, PERAYAM, MULAVANA P.O., KOLLAM DISTRICT. (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KARUNAGAPPALLY DEPOT, RETIRED ON 28/02/2007). 3. M.SAINUDEEN, FAIZAL MANZIL, VALAVUPACHA P.O., CHITHARA, KOLLAM DISTRICT, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE DEPOT, RETIRED ON 31/12/2007). 4. K.VIJAYAKUMAR, AAYILLYA, THIRUPURAM, THIRUPURAM P.O., (STATION MASTER, KERALA STATE ROAD TRANSPORT CORPORATION, POOVAR DEPOT, RETIRED ON 31/5/2008). 5. V.SANKARANARAYANAN POTTY, K.K.MADOM, MALACHIRA, THALAKUZHI P.O., PULIMATH, KILIMANOOR, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE DEPOT, RETIRED ON 31/5/2007). BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. WP(C).No. 15904 of 2011(K) 2 2. THE FINANCIAL ADIVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 3. THE PERSONNEL OFFICER (PENSION) KERALA STATE ROAD TRANSPROT CORPORATION TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM -23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VIKAS BHAVAN, THIRUVANANTHAPURAM -23. 5. THE ASST.TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KARUNAGAPPALLY -04. 6. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMCODE - 09. 7. THE ASST.TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, POOVAR -03. BY S.C.SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15904 of 2011(K) APPENDIX PETITIONERS' EXHIBITS:- EXT.P1(a): TRUE COPY OF PENSION PAYMENT ORDER OF THE 1ST PETITIONER. EXT.P1(b): TRUE COPY OF PENSION PAYMENT ORDER OF THE 2ND PETITIONER. EXT.P1(c): TRUE COPY OF PENSION PAYMENT ORDER OF THE 3RD PETITIONER. EXT.P1(d): TRUE COPY OF PENSION PAYMENT ORDER OF THE 4TH PETITIONER. EXT.P1(e): TRUE COPY OF PENSION PAYMENT ORDER OF THE 5TH PETITIONER. EXT.P2 : TRUE COPY OF ORDER NO.PA 23/001500/2009 DATED 2.3.2009. EXT.P3 : TRUE COPY OF PAGES 3, 4, 7, 20 & 21 OF PAY REVISION AGREEMENT DATED 28.11.08. EXT.P4 : TRUE COPY OF JUDGMENT DATED 25.2.2010 IN W.A.NO.210/10 OF THE HON'BLE HIGH COURT OF KERALA. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.15904 of 2011 ---------------------------- Dated 14th 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 executed between the Corporation and its employees on 28.11.2008, pensionary 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 pensionary 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.15904/2011 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. In case of failure on the part of the respondent to disburse the amount payable to the petitioners in terms of this judgment within the time stipulated above, it 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