Kerala High Court
T.K. Surendran Nair vs The Kerala State Road Transport on 2 March, 2009
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933
WP(C).No. 22198 of 2011(Y)
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PETITIONER(S):
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1. T.K. SURENDRAN NAIR,
S/O. KRISHNAN NAIR, PUSHPAMANGALATH HOUSE,
KADATHY EAST, MARKET.P.O, PIN - 686 673
(VEHICLE SUPERVISOR, KERALA STATE ROAD
TRANSPORT CORPORATION, RETIRED ON 30/11/2008
FROM MUVATTUPUZHA)
2. V.P. PAUL, VITHAYATHIL HOUSE,
ASHTAMICHIRA.P.O, MALA, THRISSUR DISTRICT
(DRIVER, KERAALA STATE ROAD TRANSPORT
CORPORATION, RETIRED ON 30/06/2011 FROM MALA)
3. A. AJITH KUMAR,S/O. AYYAPPAN NAIR, 'ANUPAMA',
ANICKADU, AVOLY.P.O, PIN - 686 677
(INSPECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, RETIRED ON 30/09/2008 FROM MUVATTUPUZHA)
4. P.M. JOY, S/O. MANI, KUTTICKATTU HOUSE, VAZHAKULAM.P.O,
PIN - 686 670, MUVATTUPUZHA
(HEAD VEHICLE SUPERVISOR, KERALA STATE ROAD
TRANSPORT CORPORATION, RETIRED ON 30/11/2008
FROM MUVATTUPUZHA)
BY ADV. SRI.K.P.JUSTINE (KARIPAT)
RESPONDENT(S):
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1. THE KERALA STATE ROAD TRANSPORT
CORPORATION, REPRESENTED BY ITS MANAGING
DIRECTOR, TRANSPORT BHAVAN, FORT.P.O,
THIRUVANANTHAPURAM - 691 023.
2. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
MUVATTUPUZHA - 686 661.
3. THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
MALA - 680 732.
R1 TO R3 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C)NO.22198/2011
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO
THE 1ST PETITIONER.
P2 COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO
THE 2ND PETITIONER.
P3 COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO
THE 3RD PETITIONER.
P4 COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO
THE 4TH PETITIONER.
P5 COPY OF THE ORDER NO.P.A.23/01500/09 DATED 2/3/2009 ISSUED BY THE
RESPONDENT CORPORATION.
P6 COPY OF THE JUDGMENT DATED 22/2/2011 IN WP(C)NO.5570/2011 PASSED BY
THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
HARUN-UL-RASHID,J.
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W.P.(C). NO. 22198 OF 2011
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DATED THIS THE 16TH DAY OF AUGUST, 2011
JUDGMENT
Petitioners retired from the services of the Kerala State Road Transport Corporation (KSRTC) on different dates after 1/3/2006.
2. The relief sought for in the writ petition is for an order directing the respondents to sanction and disburse the arrears of the revised pension to the petitioners from April, 2009 upto the date of payment of monthly pension in the revised scales.
3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the KSRTC.
4. The issue involved in this writ petition can be disposed of in terms of the directions in the judgment in W.P.(C). No.34325/2010 and connected matters. This Court after hearing W.P.(C).No.34325/2010 and connected matters directed the Corporation to disburse the arrears of pension, after taking into consideration the agreement dated 28/11/2008. The facts of this -2- W.P.(C).No.22198/2011 case are similar to the case so decided and therefore the petitioners are entitled to get the same relief as has been granted in the said case.
5. A Division Bench of this Court in Writ Appeal No.210/2010 also took a similar view and appropriate directions were issued to the Corporation to pay the amount due to the appellants therein.
In the above circumstances, this writ petition is disposed of directing the respondents to disburse the benefits payable to the petitioners in terms of the directions in the judgment in W.P.(C).No.34325/2010 and connected matters. The benefits shall be disbursed to the petitioners within a period of one month from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the Corporation to disburse the benefits to the petitioners within the time stipulated above, the amount shall carry interest at 6% per annum.
HARUN-UL-RASHID, Judge.
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