In 1992, w.e.f.
2003 3 SCR 779 The Judgment of the Court was delivered by ARIJIT PASAYAT,J. A. Nos.
The Corporation was formed on 1.4.1965 some persons who were then employed with State Transport Department were absorbed by the Corporation their service companyditions were protected vide Notification No.
While on the first instance date fixed was 1.7.1992, for the latter case it was directed to be operative from 1.11.1996, when the Government had fixed the date to be 1.4.1994.
They were employees of the Kerala State Road Transport Corporation hereinafter referred to as the Corporation which is the appellant in all these appeals.
In addition to the questions raised in other appeals, the Corporation has assailed the directions of the High Court number to recover.
Similar was the situation in 1994.
4936/TC4/64/PW 22.3.1965 in terms of directions under Section 34 of the Road Transport Corporation Act, 1950 in short the Act .
In 1978, other employees who opted for pension were also granted pension at par with these employees.
On the basis of companyditions 11 and 12 of the Notification, which shall be extracted infra, pension was paid to erstwhile State Transport Department employees, in terms of Part III of Kerala Service Rules, 1959 in short KSR .
1.1.1992 a departure was made by fixing subsequent dates of entitlement for dearness relief.
On fresh companysideration, orders were passed for recovery.
6820/2001 and 6518 6521/2001.
The attempt to recover the amount was resisted by the respondent employees who filed writ petitions before the High Court which at the first instance directed disposal of the representations filed by them.
Two of the writ appeals were filed by the writ petitioners, while two were filed by the Corporation.
Though the reliefs sought for were number exactly identical, by the impugned judgment four appeals were disposed of by a Division Bench of the High Court.
The ground taken for directing recovery was that there was wrong fixation of pay.
Since these appeals have some similarity so far as pivotal issues are companycerned, are, therefore, disposed of by this companymon judgment.
Several writ petitions were filed by the respondents herein before the Kerala High Court seeking declaration about their entitlement to receive pension and dearness relief at enhanced rates in par with the employees of the State Government.
6651 6654/2000,6655/2000,6656/2000,6657/2000, SLP C Nos.6820/2001 6518 6521/2001,C. A. Nos.
181 182/2002 Leave granted in SLP C Nos.
