IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 12514 of 2010(L) --------------------------------- PETITIONER(S): --------------- 1. RAJENDRAN UNNITHAN.S, (RETIRED REGIONAL MANAGER, KERALA STATE WAREHOUSING CORPORATION, THIRUVANANTHAPURAM), "SARAS", KARIYODE, CHADAYAMANGALAM P.O., KOLLAM-691 534. 2. K.ABDUL LATHEEF, (RETIRED GENERAL MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN-16), `KALLINGALAKATH', K.K.ROAD, KOTT, TIRUR-1. 3. K.PARAMESWARAN NAIR, (RETIRED GODOWN KEEPER (HG), STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION, THIRUVANANTHAPURAM), "DEVI BHAVAN", VENKODE,ARAMADA P.O., THIRUVANANTHAPURAM. 4. T.SASIDHARAN PILLAI, (RETIRED CLASS-IV EMPLOYEE, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION, KOLLAM), KOCHUVEETTIL KIZHAKKATHIL, PRAYAR NORTH, PRAYAR P.O. 5. SREEKUMAR.V, (RETIRED JOINT MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN-16), `SARANYA', KADUNGALLOOR ROAD, THOTTAKKATTUKARA P.O., ALUVA-8. 6. M.GOWRIDAS, (RETIRED JOINT MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN-16), `PRASANTHI', PERUMBILAVIL ROAD, GURUVAYUR, THRISSUR DISTRICT, PIN-680 101. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND WP(C).No. 12514 of 2010 RESPONDENT: ------------------- THE KERALA STATE WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, KOCHI, ERNAKULAM, PIN-682 016. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12514 of 2010 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF CIRCULAR NO.KSWC/EST/07-08 DTD 23.08.2007 ISSUED THE CORPORATION. EXT.P2: COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE RESPONDENT ON 22.03.2010. EXT.P3: COPY OF JUDGMENT IN W.P.(C)NO.2187 OF 2009 OF THIS HON'BLE COURT. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C)NO.13951 OF 2009 OF THIS HON'BLE COURT. EXT.P5: COPY OF G.O.(MS) NO.65/11/AD DTD 26.2.2011. RESPONDENTS' EXHIBITS ANNEXURE-A-1: COPY OF ORDER IN WP9C)NO.12514/2010 DTD 17.6.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.12514 OF 2010 --------------------------------------- Dated this the 28th day of March, 2011 JUDGMENT The petitioners are former employees of the respondent, Kerala State Ware Housing Corporation. They filed writ petitions before this Court at a time when they were sought to be retired from service on attaining age of 55 years. In accordance with the orders in those writ petitions, the petitioners were allowed to continue. They continued till they completed 58 years and retired from service. The petitioners have filed this writ petition seeking balance monetary benefits due to them for the periods during which they continued in service after completing 55 years of age. The petitioners now submit that by Ext.P5 order dated 26.2.2011, their claim for continuing in service till the age of 58 years has been upheld by the Government of Kerala and therefore, the writ petition may be disposed of directing the respondent to pay to the petitioners monetary benefits like increments, due for the period put in after attaining 55 years of age and retirement benefits based on their total service including W.P.(C)No.12514/10 2 the service up to 58 years of age. 2. The learned Standing Counsel for the respondent submits that the monetary benefits can be disbursed in accordance with Ext.P5 order of the Government within three months. This is recorded and the writ petition is disposed of with a direction to the respondent to disburse monetary benefits due to the petitioners arising from Ext.P5 order of the Government within three months from the date of receipt of a copy of this judgment. By interim order dated 17.6.2010 this Court directed payment of increments subject to orders in the writ petition which have not yet been paid. The above direction would apply to that amount also. S. SIRI JAGAN, JUDGE acd W.P.(C)No.12514/10 3 W.P.(C)No.12514/10 4