IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 9019 of 2011(B) ---------------------- PETITIONER(S): ----------------------- 1. M.VENUGOPALAN NAIR, SARADA MANDIRAM, PERUVARAM, NORTH PARAVUR, ERNAKULAM DISTRICT. (CHARGEMAN - RETIRED FROM KSRTC ON 31.8.07). 2. BENNY VARGHESE, KOTTAPARAMBIL HOUSE, NEAR S.W.T.S., ALUVA. (CHARGEMAN - RETIRED FROM KSRTC ON 31.5.07). 3. A.C.JOHN, ALOPARAMBIL HOUSE, VENNALA P.O., CHALIKKAVATTOM, ERNAKULAM. (CHARGEMAN - RETIRED FROM KSRTC ON 31.5.07). 4. D.N.KALADHARAN, DEVASWAMPARAMBIL HOUSE, ELAMAKKARA P.O., KOCHI-26. (CHARGEMAN - RETIRED FROM KSRTC ON 31.8.07). 5. C.M.ABDULKHADER, KUTTIPARAMBIL HOUSE, U.C.COLLEGE P.O., ALUVA. (TYRE RETREADER - RETIRED FROM KSRTC ON 31.12.07). 6. K.CHANDRAN, KUZHIKKATTUKUNNE, MULANTHURUTHY, ERNAKULAM. (BLACKSMITH - RETIRED FROM KSRTC ON 31.10.07). 7. K.K.SAHJAN, KOLLAMPARAMBIL HOUSE, VYTTILA, PONNURUNNI, ERNAKULAM. (MECHANIC - RETIRED FROM KSRTC ON 30.4.07). 8. K.J.XAVIER, THODATHUCHERY (H), KAVARAPARAMBU, PALLISSERY ROAD, PALARIVATTOM, ERNAKULAM. (CHARGEMAN - RETIRED FROM KSRTC ON 31.12.06). 9. K.STEPHEN, KAIMATHURUTHIL H, VADAKKUMPURAM. (CHARGEMAN - RETIRED FROM KSRTC ON 30.9.07). ...2/- WP(C).No. 9019 of 2011(B) -2- 10. C.L.OUSEPH, CHIRAYINMEL HOUSE, ELAMAKKARA P.O., PLAY GROUND ROAD, KALOOR, KOCHI-17. (CHARGEMAN - RETIRED FROM KSRTC ON 29.2.2008). 11. C.P.GEORGE, CHULLIKKATTU HOUSE, THEVARKAD, ERNAKULAM. (ELECTRICIAN - RETIRED FROM KSRTC ON 31.7.98). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 023. R1 & R2 BY ADVS. SRI. BABU JOSEPH KURUVATHAZHA, SC SRI. V.V. NANDAGOPALAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 9019 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PENSION PASS ISSUED TO 1ST PETITIONER. EXT.P2 : COPY OF THE PENSION PASS ISSUED TO 2ND PETITIONER. EXT.P3 : COPY OF THE PENSION PASS ISSUED TO 3RD PETITIONER. EXT.P4 : COPY OF THE PENSION PASS ISSUED TO 4TH PETITIONER. EXT.P5 : COPY OF THE PENSION PASS ISSUED TO 5TH PETITIONER. EXT.P6 : COPY OF THE PENSION PASS ISSUED TO 6TH PETITIONER. EXT.P7 : COPY OF THE PENSION PASS ISSUED TO 7TH PETITIONER. EXT.P8 : COPY OF THE PENSION PASS ISSUED TO 8TH PETITIONER. EXT.P9 : COPY OF THE PENSION PASS ISSUED TO 9TH PETITIONER. EXT.P10 : COPY OF THE PENSION PASS ISSUED TO 10TH PETITIONER. EXT.P11 : COPY OF THE PENSION PASS ISSUED TO 11TH PETITIONER. EXT.P12 : COPY OF THE ORDER NO. G.O.(P) NO. 37/2011 FIN DATED 18.1.2011 AND G.O.NO. G.O.(P) NO. 661/2010/FIN DATED 4.12.10. EXT.P13 : COPY OF THE ORDERS ISSUED BY THE MANAGING DIRECTOR. EXT.P14 : COPY OF THE ORDER DECLARING INCREASE OF DEARNESS ALLOWANCE TO THE EMPLOYEES OF THE KERALA STATE ELECTRICITY BOARD. EXT.P15 : COPY OF THE ORDER NO. PRC-001323/08 DATED 18.3.09 AND NO. PS23- 01500/09 DATED 2.3.09 (RELEVANT PAGE) EXT.P16 : COPY OF THE NOTICE DATED 1.3.2011 BY THE GENERAL SECRETARY OF THE KSRTC PENSIONERS ORGANISATION. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 9019 OF 2011 ------------------------------- DATED THIS THE 10TH DAY OF AUGUST, 2011 JUDGMENT Heard the learned counsel for the Petitioners and the learned Standing Counsel for the KSRTC. 2. Petitioners are retired employees of the KSRTC. The writ petition is filed seeking a declaration that the pensioners of KSRTC are entitled for disbursement of the increased DA in the same month in which it is paid to the employees of the KSRTC and for other incidental reliefs. 3. Petitioners submits that the Government had decided to sanction and disburse 19% DA arrears to the employees and pensioners of KSRTC by order dated 11/2/2011. The Board of Directors decided to pay the said arrears to the employees with effect from 1-2-2011 and to the pensioners only with effect from 1/3/2011. According to the petitioners, the action of the KSRTC in fixing different dates for the employees and pensioners is discriminatory and therefore violates the protection granted under -2- W.P.(C).No.9019/2011 Articles 14 and 21 of the Constitution of India. It is also pointed out that in the State service and in the similarly situated public sector undertaking like Kerala State Electricity Board, DA is ordered to be paid to both the employees and pensioners in the same month. 4. Taking into consideration the aforesaid facts alleged in the writ petition and considering the grievance of the petitioners, this Court is of the view that the matter requires re consideration by the lst respondent-Corporation. In the circumstances, this Court direct the petitioners to file a representation before the lst respondent within ten days from today and in that event, the lst respondent shall consider and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioners, within a period of one month from the date of filing the representation. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.