IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7325 of 2011(M) -------------------------- PETITIONERS: --------------------- 1. P.RAJEEV, S/O.PRABHAKARAN, VALAVANEZHATH HOUSE,KODAMTHURUTH, KUTHIATHODE P.O.,CHERTHALA, (ASSISTANT TRANSPORT OFFICER, RETIRED ON 30-4-2008 FROM NORTH PARAVOOR SALARY CARD AT ERNAKULAM AND PENSION FORM CHERTHALA. 2. K.P.PAILY,S/O.PAILY,KADAVUMKAL HOUSE, THODUPUZHA P.O., (ASSISTNAT TRANSPORT OFFICER, RETIRED ON 30-4-2008 FORM ERNAKUALM SALARY CARD AT THODUPUZHA). 3. K.V.MATHEW, KUNNATHUKUZHIYIL HOUSE,VADAKKAL P.O.,ALAPPUZHA (ASSISTNAT TRNSPORT OFFICER,RETIRED ON 31-3-2008 FROM ANKAMALY SALARY CARD AT ALAPPUZHA. 4. O.P.FRANCIS,S/O.PAPPU, OLIPARAMBIL HOUSE,NAYARAMBALAM P.O.,PIN-682 509, (SUPERINTENDENT,RETIRED ON 31-12-2009 FORM NORTH PARAVOOR). 5. V.K. MANI,S/O.KANDA, VADAKKUKMKARAYIL HOUSE,AVOLY P.O.,PIN-686 677, MOOVATTUPUZHA, (CONDUCTOR, RETIRED ON 30-11-2007 FROM MUVATTUPUZHA) 6. V.A.BABY, S/O.ABRAHAM, THEKKUMKATTIL HOUSE,KOOTHATTHUKULAM, (CONDUCTOR, RETIRED ON 31-10-2007 FROM MUVATTUPUZHA). W.P.(C). NO.7325/2011-M: 7. M.R.MOHANAN, S/O.RAMA KAIMAL, MULLAYIL HOUSE, KAIPPATTOOR P.O.,PIN-682 313, (SELECTION GRADE CLERK, RETIRED ON 30-06-2006 FORM VAIKOM). BY ADV. SRI.K.P.JUSTINE (KARIPAT). RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM-11. 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARAVOOR- 683 513. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, ANKAMALY- 683 572. 5. THE ASSISTANT TRANSPORT OFFICER, KSRTC,MUVATTUPUZHA – 686 661. 6. THE ASSISTANT TRANSPORT OFFICER, KSRTC, VAIKOM – 686 141. R1 TO R6 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, ALONG WITH W.P.(C). NO. 7329/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J ---------------------------------------- W.P.(C) Nos.7325/2011, 7329/2011, 7339/2011 & 7357/2011. -------------------------------------------- Dated this 9th day of March, 2011 J U D G M E N T Petitioners in all these writ petitions are retirees from the Kerala State Road Transport Corporation (for short, the Corporation). They retired from its service on diverse dates. Since common issued involved in all these writ petitions, they were heard jointly and are being disposed of by this common judgment. 2. After the retirement of the petitioners from the service of the Corporation, the Corporation and its employees engaged into a bipartite settlement where by the pensionary benefits were revised w.e.f 01.03.2006 subject to the condition that monetary benefits would be paid only w.e.f 01.04.2009. 3. I have heard the learned counsel for the petitioners and also the standing counsel appearing for the respondents. Admittedly, the issue involved in these writ petitions is squarely covered in favour of the petitioners by a Division Bench judgment of this Court in W.A. No.210/2010. Therefore, the respondents W.P(C) No.7325 of 2011 and connected cases --2-- cannot disown the liability to re-fix the pensionary benefits in respect of the petitioner and to disburse the consequential benefits w.e.f 01.04.2009 in terms of bipartite settlement referred above and in the light of the decision in W.A. No.210/2010. In view of the said decision, these writ petitions are disposed of with the following directions:- “There will be 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 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 //TRUE COPY// P.A. TO JUDGE KRK