MANAGING DIRECTOR Vs. M VENUGOPALAN NAIR
LAWS(KER)-2017-2-164
HIGH COURT OF KERALA
Decided on February 09,2017

MANAGING DIRECTOR Appellant
VERSUS
M Venugopalan Nair Respondents

JUDGEMENT

Anil K. Narendran, J. - (1.) This appeal arises out of the judgment of the learned single Judge dated 03.07.2013 in W.P.(C) No.13798 of 2012. The said writ petition was filed by the respondents herein seeking a declaration that the pensioners of the appellant Corporation, namely, the Kerala State Road Transport Corporation are entitled for disbursement of increase in Dearness Allowance (for short 'DA') in the same month in which it is paid to the serving employees of the said Corporation. Therefore, they sought for an order to set aside Ext.P18 to the extent such relief is declined to the pensioners. They have also sought for other consequential reliefs.
(2.) The reliefs sought for in the writ petition were opposed by the appellant/1st respondent by filing counter affidavit.
(3.) After considering the rival contentions, the learned single Judge by the impugned judgment disposed of the writ petition holding that, there is no justifiable reasons for the differentiation among the two categories and as such there is justification in the claim made by the respondents herein. However, the relief sought for to the extent of ordering payment of the increased DA with effect from the year 2011 is declined. Accordingly, the appellant Corporation is directed to implement the decision regarding increase in D.A. payable to its employees, both serving and retired, in future, following the observations contained in the judgment. Feeling aggrieved by the judgment of the learned single Judge, the appellant/1st respondent is before this Court in this appeal.;


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