K.Upendra Pai vs The Managing Director on 22 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38137 of 2010(N)


1. K.UPENDRA PAI, AGED 58,
                      ...  Petitioner
2. T.V.SOMASUNDARAN, AGED 58 YEARS,
3. P.N.VIJAYAKUMAR, AGED 58,

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER,

                For Petitioner  :SRI.P.JAYAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :22/12/2010

 O R D E R
                      P.N. RAVINDRAN, J.
                   -------------------------------
                  W.P.(C) No.38137 of 2010
                   -------------------------------
         Dated this the 22nd day of December, 2010

                         J U D G M E N T

The petitioners are former employees of the Kerala

State Road Transport Corporation, hereinafter referred to as the

Corporation for short. They retired from service on 28.2.2007,

31.5.2007 and 31.5.2007 respectively. After the petitioners

retired from service, pursuant to a bilateral agreement entered

into between the Corporation and its employees their pensionary

benefits were revised with effect from 1.3.2006 subject to the

condition that the monetary benefits will be paid only with effect

from 1.4.2009. In this writ petition, the petitioners claim

payment of the revised pensionary benefits with effect from

1.4.2009 in terms of the aforesaid settlement.

2. Sri.V.V.Nandagopal Nambiar, learned standing

counsel appearing for the Corporation submits that the issue

raised by the petitioners is covered in their favour by the

judgment of a Division Bench of this Court and that the

Corporation will determine the revised pensionary benefits

payable to the petitioners and disburse the arrears with effect

W.P.(C) No.38137 of 2010

2

from 1.4.2009 expeditiously.

In the light of the said submission, I dispose of the

writ petition with a direction to the respondents to compute the

revised pensionary benefits payable to the petitioners with effect

from 1.4.2009 under the settlement concluded on 28.11.2008

and to disburse the arrears expeditiously and in any event within

one month from the date of receipt of a certified copy of this

judgment. It is clarified that if payment as directed above is not

made within the time limit of one month, the arrears of pension

payable to the petitioners will carry simple interest at the rate of

6% per annum from 1.6.2009. Needless to say, the respondents

shall continue to pay revised pension to the petitioners.

P.N. RAVINDRAN,
JUDGE.

nj.