High Court Kerala High Court

P.K.Sivan Pillai vs The Kerala State Road Transprot on 21 December, 2010

Kerala High Court
P.K.Sivan Pillai vs The Kerala State Road Transprot on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37927 of 2010(M)


1. P.K.SIVAN PILLAI, S/O.KARUNAKARAN PILLAI
                      ...  Petitioner
2. N.SASIKUMAR, S/O.NARAYANAN,
3. K.K.MURALEEDHARAN NAIR,
4. K.N.SUKUMARAN, S/O.NEELAKANTAN ACHARY
5. T.ANTHRAYOSE, S/O.PHILIP,
6. P.N.NARAYANAN NAIR, S/O.NANAPPAN NAIR,

                        Vs



1. THE KERALA STATE ROAD TRANSPROT
                       ...       Respondent

2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS

3. ASSISTANT TRANSPORT OFFICER,

4. ASSISTANT TRANSPORT OFFICER,

5. ASSISTANT TRANSPROT OFFICER,

                For Petitioner  :SRI.K.P.JUSTINE (KARIPAT)

                For Respondent  : No Appearance

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

 Dated :21/12/2010

 O R D E R
                       P.N. RAVINDRAN, J.
                    -------------------------------
                    W.P.(C) No.37927 of 2010
                    -------------------------------
         Dated this the 21st 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 30.11.2008,

31.10.2007, 31.3.2008, 31.5.2008, 30.4.2006 and 30.11.2008

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

W.P.(C) No.

2

payable to the petitioners and disburse the arrears with effect

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.