VENUGOPALAN NAIR M. Vs. MANAGING DIRECTOR, KSRTC, TVM

JUDGEMENT

(1.) Petitioners are retired employees of the Kerala State Road Transport Corporation (KSRTC). Their grievance is against discrimination allegedly shown with respect to payment of the increment allowed in 'Dearness Allowance' (DA) among the serving employees and retired personnel. Whenever increment in DA is declared by the Government, all Corporations/Boards and Public Sector Undertakings except KSRTC are paying such increase to their retired employees with effect from the date of such declaration. But in KSRTC such increment is being paid to the pensioners, only with effect from a belated date. It is pointed out that, with respect to increase in DA declared by the Government during the year 2011, KSRTC took a decision to allow the increase for serving employees with effect from 01/02/2011 onwards. But the increase was given to pensioners only with effect from 01/03/2011. According to the petitioners there is no rhyme or reason to delay the benefits to pensioners alone. Such decision will amount to discrimination, violating Article 14 and 21 of the Constitution of India, is the contention. Therefore the petitioners seek a declaration that the pensioners in KSRTC are entitled for getting the increase in DA in the same month on which it is paid to serving employees.

(2.) In this regard it is relevant to note that the petitioners have approached this Court on an earlier occasion. In Ext. P17 judgment this Court directed the KSRTC to re-consider the matter. The petitioners were permitted to file representation before the 1st respondent and it was directed to be disposed of. Ext. P18 is the consequential order issued in this regard. It is mentioned that salary of serving employees in the KSRTC is being paid on the last working day of every month, whereas pension with respect to retired employees is being paid in advance at the beginning of the month usually before 10th. Therefore practically the pensioners are getting benefit of the increased DA only after few days when compared to the serving employees. According to KSRTC there is only a marginal delay of few days occurred in the matter of payment of increased DA. Hence the request was declined. It is challenging Ext. P18, this writ petition is filed.

(3.) In the counter-affidavit filed by the respondents it is contended that there is absolutely no Rule/Guidelines/Regulations insisting upon payment of the increase in DA with effect from the same date for serving employees and retired employees. According to KSRTC it is a matter coming within the realm of its policy decision. It is left open to the discretion of the authority concerned to take a decision to disburse the increase in DA on different dates. Therefore it is contended that there is no discrimination as alleged. It is evident that increase in DA declared by the Government will become eligible for the employees and pensioners of KSRTC, only if KSRTC takes a decision to effect such increase in the matter of its employees and pensioners. But it is evident from records that KSRTC had always taken decision to effect, increase in DA in par with the increase declared by the Government. Question is as to whether the KSRTC is justified in fixing different dates in bringing effect payment of such DA to serving employees and retired personnel.