IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22615 of 2011(B) ----------------------- PETITIONER(S): ----------------------- 1. E.X. SEBASTIAN, EDAMUKKIL HOUSE, SOUTH CHELLANAM.P.O, KOCHI -8, PIN - 682 008, (MECHANIC - RETIRED, ERNAKULAM D/R 30/04/2007) 2. A.A. OUSEPACHAN, ALUMPARAMBIL HOUSE, SOUTH CHELLANAM.P.O, KOCHI -8, PIN - 682 008 (STATION MASTER - RETIRED, ERNAKULAM D/R 31/12/2002) 3. K.V. SUBRAMANIAN, KIZHAKKEPPAT HOUSE, KUNDUVAMPADOM POST OFFICE, KADAMPAZHIPURAM, PALAKKAD - 678 633, (INSPECTOR - RETIRED, PALAKKAD D/R 31/10/2007.) 4. P.K. RAJAPPAN PILLAI, THUSHARA, POOCHAKKAL.P.O, CHERTHALA, PIN - 688 526 (ASST. TRANSPORT OFFICER - RETIRED, CHERTHALA D/R 31/05/2006) BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BAHVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 3. THE ADMINISTRATIVE OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. ...2/- WP(C).No. 22615 of 2011(B) -2- 4. THE ADMINISTRATIVE OFFICER (GENERAL) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM - 11. 6. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM - 11. R1 TO R6 BY ADV. SRI. BABU JOSEPH KURUVATHAZA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 22615 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF PENSIONER'S PASS NO. 16933 ISSUED TO THE 1ST PETITIONER. EXT.P2 : COPY OF PENSIONER'S PASS NO. 72182 ISSUED TO THE 2ND PETITIONER. EXT.P3 : COPY OF PENSIONER'S PASS NO. 06903 ISSUED TO THE 3RD PETITIONER. EXT.P4 : COPY OF PENSIONER'S PASS NO. 04016 ISSUED TO THE 4TH PETITIONER. EXT.P5 : COPY OF PAGE NOS. 1, 5, 6 & 20 OF THE ORDER NO. LR8/001313/06 DATED 18.02.2009. EXT.P6 : COPY OF THE ORDER NO. PA23/001500/2009 DATED 2.03.2009. EXT.P7 : COPY OF THE JUDGEMENT IN WPC 4839/11 PRONOUNCED ON 16.02.2011 RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 22615 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF AUGUST, 2011 JUDGMENT Petitioners retired from the services of the Kerala State Road Transport Corporation (KSRTC) on different dates after 1/3/2006. 2. The relief sought for in the writ petition is for an order directing the respondents to pay the arrears of the revised pension with effect from April, 2009 to the petitioners 1, 3 and 4 and the revised pension with arrears to the 2nd petitioner and to pay interest at the rate of 12% per annum to the petitioners on the arrear amount due to them for the culpable delay in paying the revised pension as per the agreement dated 28/11/2008. 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the KSRTC. 4. The issue involved in this writ petition can be disposed of in terms of the directions in the judgment in W.P.(C). -2- W.P.(C).No.22615/2011 No.34325/2010 and connected matters. This Court after hearing W.P.(C).No.34325/2010 and connected matters directed the Corporation to disburse the arrears of pension, after taking into consideration the agreement dated 28/11/2008. The facts of this case are similar to the case so decided and therefore the petitioners are entitled to get the same relief as has been granted in the said case. 5. A Division Bench of this Court in Writ Appeal No.210/2010 also took a similar view and appropriate directions were issued to the Corporation to pay the amount due to the appellants therein. In the above circumstances, this writ petition is disposed of directing the respondents to disburse the benefits payable to the petitioners in terms of the directions in the judgment in W.P.(C).No.34325/2010 and connected matters. The benefits shall be disbursed to the petitioners within a period of one month from the date of receipt of a copy of this judgment. It is made clear -3- W.P.(C).No.22615/2011 that in case of failure on the part of the Corporation to disburse the benefits to the petitioners within the time stipulated above, the amount shall carry interest at 6% per annum. HARUN-UL-RASHID, Judge. kcv.