IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 437 of 2011(D)
1. P.M.SUBRAMANIAN,PEENIKKAL HOUSE,
... Petitioner
2. K.S.NATESAN,KALARIKKALPARAMBIL HOUSE,
3. K.VIJAYAKUMARAN,KUTTIPAT HOUSE,
4. P.M.BALAKRISHNAN, PUTHETHU HOUSE,
5. M.F.BABY,MANGALAPPILLY, NEAR WATER
6. N.R.RAJAN,NADAPPARAMBIL HOUSE,
7. M.N.VIJAYAN, MADASSERY HOUSE,
8. K.K.VALSAN,KODUVASSERIL HOUSE,
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE FINANCIAL ADVISOR AND CHIEF
3. THE PERSONNEL OFFICER(PENSION),
4. THE DISTRICT TRANSPORT OFFICER,
5. THE ASSISTANT TRANSPORT OFFICER,
6. THE DISTRICT TRANSPORT OFFICER,
7. THE ASSISTANT TRANSPORT OFFICER,
8. THE DISTRICT TRANSPORT OFFICER,
9. THE ASSISTANT TRANSPORT OFFICER,
For Petitioner :SRI.C.V.MILTON
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :06/01/2011
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.437 OF 2011
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Dated this the 6th day of January, 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. After their retirement, consequent to a bipartite settlement
between the Corporation and its employees, pensionery 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.
2. I have heard the learned counsel for the petitioners and also
the learned standing counsel appearing for the respondents. 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
pensionery 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:
W.P.(C) NO.437/2011 2
There will be a direction to the respondents to compute the revised
pensionery benefits payable to the petitioners with effect from 1.4.2009 in
terms of 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. It is
made clear that on failure on the part of the respondents to disburse the
arrears of pension in terms of the directions in this judgment, the amount
would carry simple interest at the rate of 6% per annum from 1.6.2009.
The respondents shall also continue to pay the petitioners pension at the
revised rate.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.437/2011 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.437/2011 4