IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16833 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. P. NEELAMBARAN, S/O. KUTTY PAPPY, UTHUMKUZHIYIL HOUSE, MUNDAMALA.P.O, PURAMATTOM, MALLAPPALLY.P.O, PATHANAMTHITTA DISTRICT (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION), KOTTAYAM DISTRICT RETIRED ON 30/11/2007 2. V.C. RAVINDRAN, BABY SADANAM, ERAVIPEROOR.P.O, THIRUVALLA (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION), KOTTAYAM DISTRICT RETIRED ON 30/12/2007 3. R. JAYAKUMAR, ATTUPURATHU, PALLIPAD.P.O, HARIPPAD ASST. TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT, RETIRED ON 31/03/2006 4. P.M. RAVINDRAN, RAVI BHAVAN, CHERIYANADU.P.O, CHENGANNUR INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR DEPOT RETIRED ON 31/07/2006 5. S. GIRIJA, SREE VAISAKH THALAPPIL, EDYARANMULA.P.O, PATHANAMTHITTA DISTRICT, W/O. C. RAMACHANDRAN NAIR, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, DIED IN HARNESS ON 12/04/201 6. M.K. PRASANNAKUMARI, PALAKKATTU PUTHEN PURA (SANTHIVAS) KOZHIPILLY.P.O, KOTHAMANGALAM, W/O.P.N. SIVARAMAN NAIR, SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM DEPOT DIED IN HARNESS ON 19/09/2004 7. BHASKARAN K. NAIR, KARTHIKA, KAYAKOOL PARAMBU.P.O, PONNIAM EAST, THALASSERY, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, MANANTHAWADY DEPOT, RETIRED ON 31/03/2002 ....2/- WP(C).No. 16833 of 2011(D) :2: 8. P.C. SANKARANARAYANA PILLAI, KOTTA THARAYIL HOUSE, KANJIRAMATTOM ROAD, THODUPUZHA.P.O, VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, THODUPUZHA DEPOT, RETIRED ON 28/02/2006) 9. P.M. LOVELY, KUZHIKKATTIL HOUSE, MEKKAD.P.O, KARIAD, ANGAMALY, TYPIST, KERALA STATE ROAD TRANSPORT CORPORATION, THODUPUZHA DEPOT, ANGAMALY DEPOT RETIRED ON 30/04/2008 10. S. SREENIVASAN, THOPPIL VEEDU, PONMANA.P.O, CHAVARA, KOLLAM DISTRICT (NOW RESIDING AT KONDAYIL THRIKUDUTHANAM.P.O, CHANGANASSERY, KOTTAYAM DISTRICT (CHARGEMAN, KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORK SHOP, ALUVA, RETIRED ON 30/11/2008 11. P. SIVARAMAN, CHAKKALAKUTTIYIL HOUSE, KATTACHIRA, PALLICKAL.P.O, KAYAMKULAM, (MECHANIC, KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP, REGIONAL WORKSHOP, MAVELIKKARA, RETIRED ON 31/08/2O05. BY ADV. SRI.ANANDARAJAN.N RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM -23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM. 3. THE PERSONNEL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM. 4. THE DISTRICT TANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THOUDUPUZHA. 6. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD. ....3/- WP(C).No. 16833 of 2011(D) :3: 7. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHENGANNUR. 8. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION PONKUNNAM. 9. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM. 10. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MANANTHAWADY. 11. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION ANGAMALY. 12. THE WORK MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA. 13. THE MECHANICAL ENGINEER, (WORKS), KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP, MAVELIKKARA. BY SRI. V.V. NANDAGOPAL NAMBIAR, STANDING COUNSEL, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16833 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1(a) : TRUE COPY OF THE PENSION PAYMENT ORDER OF THE 1ST PETITIONER EXT.P1(b) : TRUE COPY OF THE PENSION PAYMENT ORDER OF THE 2ND PETITIONER EXT.P1(c) : TRUE COPY OF THE PENSION PAYMENT ORDER OF THE 3RD PETITIONER EXT.P1(d) : TRUE COPY OF PROCEEDINGS No.PA13/023534/06 DATED 4.8.06 IN RESPECT OF 4TH PETITIONER EXT.P1(e) : TRUE COPY OF GRATUITY PAYMENT ORDER NO. IAI/P14/2003 DATED 31.3.2001 IN RESPECT OF THE 5TH PETITIONER EXT.P1(f) : TRUE COPY OF PENSION PAYMENT ORDER OF THE 6TH PETITIONER EXT.P1(g) : TRUE COPY OF PROCEEDINGS NO.PLB-3/004863/2002 DATED 21.5.2002 IN RESPECT OF 7TH PETITIONER EXT.P1(h) : TRUE COY OF PENSION PAYMENT ORDER OF THE 8TH PETITIONER EXT.P1(i) : TRUE COY OF PENSION PAYMENT ORDER OF THE 9TH PETITIONER EXT.P1(j) : TRUE COY OF PENSION PAYMENT ORDER OF THE 10TH PETITIONER EXT.P1(k) : TRUE COY OF PENSION PAYMENT ORDER OF THE 11TH 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 28.11.2008 EXT.P4 : TRUE COPY OF JUDGMENT DATED 25.2.2010 IN W.A. NO.210/10 OF THE HON'BLE HIGH COURT OF KERALA RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No. 16833 of 2011 ---------------------------- Dated this the 23rd day of June, 2011 JUDGMENT The petitioners except 5th and 6th petitioners are retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). They retired from its service on diverse dates. The 5th petitioner is the widow of Sri. Ramachandran who died in harness on 12.4.2001 and the 6th respondent is the widow of Sri. P.N. Sivaraman Nair who died in harness on 19.9.2004. On 28.11.2008 a bipartite settlement between the Corporation and its employees was entered into and consequently, 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 WP(C).No.16833/2011 2 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: 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 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 to which they are legally entitled, 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