IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17461 of 2011(G) -------------------------------------- PETITIONERS: --------------------- 1. ASHOK KUMAR, INSPECTOR (RETIRED ON 31.3.2008),KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM UNIT. THULASISADANAM, ERUMELY P.O., KOTTAYAM. 2. V.J.BABYCHEN, INSPECTOR (RETIRED ON 30.11.2007, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM UNIT, VENGAPPALLIL HOUSE, CHIRAKKADAVU P.O., KANJIRAPPALLY. 3. M.HASSAN GANI, INSPECTOR (RETIRED ON 30.6.2008), KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM UNIT, ARAYALUNKAL, KANJIRAPPARA P.O., KOTTAYAM. 4. C.S.MURALEEDHARAN PILLAI, INSPECTOR (RETIRED ON 30.11.2008), KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM UNIT, KARTHIKA, CHIRAKKADAVU P.O., KANJIRAPPALLY. 5. K.SASIKUMAR, INSPECTOR (RETIRED ON 30.5.2007), KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, VETTUVELIL HOUSE, KOOVAPPALLY P.O., KANJIRAPPALLY. 6. A.C.JOSEPH, INSPECTOR (RETIRED ON 31.8.2008), KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, AZHAKATHU, D.T.ROAD, KANJIRAPPALLY. 7. K.VIJAYAKUMAR, INSPECTOR (RETIRED ON 30.4.2007), KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM, AISWARYA HOUSE, PONKUNNAM. W.P.(C). NO.17461/2011-G: 8. JOSE JOSEPH, ASSISTANT TRANSPORT OFFICER (RETIRED ON 30.11.2007), KERALA STATE ROAD TRANSPORT CORPORATION, KUMILY, EMPRAYIL, POOVAPALLY, KOTTAYM. BY ADV. SRI.P.P.SOMAN NAIR. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., TRIVANDRUM. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., TRIVANDRUM. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. R1 TO R5 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17461/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FREE PASS ISSUED TO THE P.1. EXT.P.2: COPY OF THE FREE PASS ISSUED TO THE P.2. EXT.P.3: COPY OF THE FREE PASS ISSUED TO THE P.3. EXT.P.4: COPY OF THE FREE PASS ISSUED TO THE P.4. EXT.P.5: COPY OF THE FREE PASS ISSUED TO THE P.5. EXT.P.6: COPY OF THE FREE PASS ISSUED TO THE P.6. EXT.P.7: COPY OF THE FREE PASS ISSUED TO THE P.7. EXT.P.8: COPY OF THE FREE PASS ISSUED TO THE P.8. EXT.P.9: COPY OF THE JUDGMENT IN W.P.(C).NO.1226/2011 DTD. 13/01/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.17461 of 2011 ---------------------------- Dated 29th 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. Consequent to a bipartite settlement dated 28.11.2008 executed between the Corporation and its employees, 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. All the petitioners except the 4th petitioner retired from its service prior to the said settlement. 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.17461/2011 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 respondents to disburse the amount payable to the petitioners in terms of this judgment within the time stipulated above, it would carry interest at the rate of 6% per annum from 1.6.2009. The respondents shall also continue to pay pension to the petitioners at the revised rate. Sd/- C.T.RAVIKUMAR Judge TKS