IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16320 of 2011(L) --------------------------------------- PETITIONER(S): ----------------------- 1. M.A.GEORGE,S/O.ABRAHAM,KADAVUTHINKAL HOUSE,MEKADAMPU PO,PIN 682 316,MOOVATTUPUZHA, (CONDUCTOR,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31/8/2007 FROM ANKAMALY). 2. K.K.PRAKASASN,S/O.KUNJAN,KOLAPPILLY HOUSE,VENNALA PO,COCHIN-28,(BLAKSMITH, KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 30/9/2007 FROM REGIONAL WORKSHOP,ALWAYE). 3. A.K.RADHAKRISHNAN NAIR,S/O.KRISHNAN NAIR MATHUKAL HOUSE,RAMAMANGALAM PO,PIN 686 663, (CONDUCTOR,KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30/9/2007 FROM ANKAMALY). 4. K.L.SUNNY,S/O.LAWRENCE, MANUVELIPARAMBIL HOUSE,NAYARAMBALAM PO,PIN 682 509 (HEAD VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 31/8/2007 FROM ERNAKULAM). 5. T.M.VISWAMBARAN,S/O.MADHAVAN, THOTTAMCHIRA HOUSE,CHITTADY PO,PIN 686 512. (CONDUCTOR,KERALA STATE ROAD TRANSPORT CORPORATION ,RETIRED ON 31/7/2007 FROM ERATTUPETTA). 6. R.JAYACHANDRA GIRI,S/O.K.M.RAMAN, 'AJANTHA',PEERUMADU PO,PIN 685 533,IDUKKI DISTRICT,SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 31/3/2007 FROM KANNUR , PENSION FROM KATTAPPANA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) tss W.P.(C) NO.16320/2011 RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT PO,THIRUVANANTHAPURAM-23. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM. 18. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ANKAMALY.03. 4. THE MECHANICAL ENGINEER, KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORK SHOP,ALWAYE. 683 101. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERATTUPETTA. 691 502. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KATTAPPANA- 680004. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16320/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE IST PETITIONER. P2:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 2ND PETITIONER. P3:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 3RD PETITIONER. P4:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 4TH PETITIONER. P5:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 5TH PETITIONER. P6:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 6TH PETITIONER. P7:- COPY OF THE ORDER NO.P.A. 23/01500/09 DTD. 2.3.09 ISSUED BY THE RESPONDENT CORPORATION. P8:- COPY OF THE JUDGMENT DTD. 22.2.2011 IN W.P.(C) NO.5570/2011 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16320 OF 2011 -------------------------------------------- Dated this the 17th 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 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.16320/2011 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.16320/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.16320/2011 4