IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH DAY OF JUNE 2011/16TH JYAISHTA 1933 WP(C).No. 15139 of 2011 (N) --------------------------- PETITIONERS: ------------- 1. A.ABBAS, AGED 63, S/O.AHAMMED, MAILYKUTTYPADAM, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA, PIN-683012, (INSPECTOR, RETIRED, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA). 2. M.M.KRISHNAN KUTTY, AGED 61, S/O.MAKKOTHA, MATTAPPILLY HOUSE, VILANGU P.O., KIZHAKKAMBALAM, PIN-683561, (CONDUCTOR,RETIRED KERALA STATE ROAD, TRANSPORT CORPORATION, ALUVA). 3. K.N.VENUGOPALAN, AGED 61, S/O.NARAYANAN, VALIYAVEETTIL MANJANAKKAD, NJARAKKAL P.O., PIN-682505, (CONDUCTOR,RETIRED, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA). 4. T.A.JOB, AGED 60 YEARS, S/O.ANTONY, THAYIL HOUSE, MUNDAMVELI P.O., COCHIN-682507, (CONDUCTOR, RETIRED KERALA STATE ROAD TRANSPORT CORPORATION,ERNAKULAM) 5. A.J.DINESA BABU, AGED 59, S/O.THANTHAN, ARIPPARAYIL HOUSE, MARADU P.O., ERNAKULAM, PIN-682304, (CONDUCTOR,RETIRED, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA). 6. P.K.KARTHIKEYAN, AGED 59, S/O.KUMARAN, PULLATHUNDIYIL HOUSE, PACHALAM P.O., COCHIN-682012, (CONDUCTOR, RETIRED KERALA STATE ROAD TRANSPORT CORPORATION,ALUVA). BY ADVS.SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENTS: ------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM-695001. (CONT...) ..2.. WP(C).No. 15139 of 2011 (N) --------------------------- 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA-683102. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM. 680035 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06- 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST WP(C).No. 15139 of 2011 (N) --------------------------- APPENDIX PETITIONER'S EXHIBITS :- EXT.P1: COPY OF 1ST PAGE OF PENSION PAYMENT ORDER NO. 27895 OF THE 1ST PETITIONER. EXT.P2: COPY OF 1ST PAGE OF PENSION PAYMENT ORDER NO. 33950 OF THE 2ND PETITIONER. EXT.P3: COPY OF PENSION PAYMENT ORDER NO.34940 OF THE 3RD PETITIONER. EXT.P4: COPY OF THE PENSION PAYMENT ORDER NO.35587 OF THE 4TH PETITIONER. EXT.P5: COPY OF 1ST PAGE OF PENSION PAYMENT ORDER NO. 37904 OF THE 5TH PETITIONER. EXT.P6: COPY OF 1ST PAGE OF PENSION PAYMENT ORDER NO. 38649 OF THE 6TH PETITIONER. EXT.P7: COPY OF THE JUDGMENT DATED 5.9.2008 IN W.A. NOS. 1845 OF 2008 OF THIS HON'BLE COURT. EXT.P8: COPY OF THE ORDER DATED 10.9.2010 IN SPECIAL LEAVE TO APPEAL (CIVIL) NO. 27713 OF 2008 OF THE HOB'BLE SUPREME COURT. EXT.P9: COPY OF THE RELEVANT PAGES 1,2, 6, 7 AND 25 OF THE PAY REVISION AGREEMENT DATED 28.11.2008. RESPONDENTS' EXHIBITS: NIL // TRUE COPY// P.A. TO JUDGE DST C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.15139 OF 2011 -------------------------------------------- Dated this the 6th day of June, 2011 JUDGMENT The petitioners are retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). They retired from its service after 31.10.1999. In view of the bipartite settlement executed between the Corporation and its employees on 13.4.1999, those who retired from the service of the Corporation on or after 1.11.1999 are entitled only to arrears of pay. The learned counsel for the petitioners submitted that since all the petitioners retired from the service of the Corporation after 31.10.1999, they are entitled to the benefits of arrears of pay flowing from the said settlement and the said issue is covered in favour of the petitioners in the light of the decision of this Court in W.P.(C).No.34325/2010 and connected matters. The learned counsel for the respondents also endorsed the same. In view of the said position, there will be a direction to the respondents to compute the benefits to which the petitioners are entitled viz., arrears W.P.(C) NO.15139/2011 2 of pay in terms of the bipartite settlement dated 13.4.1999 and to effect payment within a period of six months from the date of receipt of a copy of this judgment. In case of failure on the part of the respondents to disburse the amount payable to each of the petitioners, the said amount would carry interest at the rate of 8.5% per annum. 2. The other claim of the petitioners is that they are also entitled to get the arrears of monthly pension in terms of bipartite settlement dated 28.11.2008 from 1.4.2009 onwards. The entitlement of similarly situated persons to such benefits have been considered by this Court in W.A.210/2010. The learned counsel for the petitioners submitted that in terms of the decision in W.A.No.210/2010, the petitioners are also entitled to the said benefits. In view of the said position, there will be a further direction to the respondents to compute the benefits payable to the petitioners viz., arrears of monthly pension 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. In case of W.P.(C) NO.15139/2011 3 failure on the part of the respondents to disburse the amount payable to each of the petitioners in terms of the directions in this judgment, the said amount would carry interest at the rate of 6% per annum from 1.6.2009. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.15139/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.15139/2011 5