IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 16632 of 2010(D) ---------------------- PETITIONER(S): ---------------------- 1. M.L.BABY RAJAN, MATTAPPILLY HOUSE, ASHTAMICHIRA P.O., THRISSUR DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 2. M.R.VENU, VADAKKEDATH HOUSE, VADAKKUMPURAM P.O., CHENDAMANGALAM, ERNAKULAM DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 3. K.A.VISWANATHAN, KACHERIPARAMBIL HOUSE, NADAVARAMBA P.O., THRISSUR DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 4. P.P.GOPI, PULIKKAPARAMBIL HOUSE, POYYA P.O., THRISSUR DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 5. P.R.RAMAKRISHNAN, POOKKOL HOUSE, PUTHENCHIRA, THRISSUR DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 6. A.K.ARAVINDAN, ANDISSERIPARAMBIL HOUSE, POYYA P.O., THRISSUR DISTRICT, (CONDUCTOR-RETIRED, KSRTC, MALA). 7. V.N.DEVADAS, SARASWATHI MANDIRAM, MATTOOR, KALADY-683 574, (CONDUCTOR-RETIRED, KSRTC, CHALAKUDY). BY ADVS. SRI.C.V.MILTON SRI.K.P.JUSTINE (KARIPAT) ...2/- WP(C).No. 16632 of 2010(D) -2- RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ADMINISTRATIVE OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER, MALA. 5. THE ASSISTANT TRANSPORT OFFICER, CHALAKUDY. R1 TO R5 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, ALONG WITH WPC NO. 16584/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 16632 of 2010(D) -3- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER. EXT.P2 : COPY OF THE RELIEVING ORDER NO. E1-689/02/TSR DATED 19.04.2002 2ND PETITIONER. EXT.P3 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER. EXT.P4 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER. EXT.P5 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER. EXT.P6 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER. EXT.P7 : COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER. EXT.P8 : COPY OF PROCEEDINGS NO. LR8-012426/2000 DATED 10.08.2000. EXT.P9 : COPY OF ORDER NO. LR8-012626/2000 DATED 11.09.2002. EXT.P10 : COPY OF PAGE NOS. 1, 5, 6 & 20 OF THE ORDER NO. LR8/001313/06 DATED 18.02.2009 OF THE BILATERAL AGREEMENT. EXT.P11 COPY OF NO. PA12/32032/07 DATED 19.11.2009. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.16632 & 16584 Of 2010 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The petitioners are retired employees of KSRTC. Their grievance appears to be that consequent to the implementation of the 1997 pay revision, they are getting lesser pay than their counter parts in the clerical and mechanical category and this matter has been discussed in the bilateral discussions of the respondents with the representatives of the recognised unions on 30.12.1999 and 8.1.2000 and it has been decided to rectify the anomalies to the maximum extent possible in the 272nd Meeting of the Board of Directors vide Agenda Item No.32/2000 and modifications thereon adopted in the 273rd meeting vide Agenda item No.39/2000. Accordingly, the pay of Inspectors were enhanced by Exhibit P11 order produced in W.P.(C)No.16584/10 and Exhibit P8 order produced in W.P.(C)No.16632/2010. Thereafter it was cancelled by Exhibit P9 and Exhibit P12 orders, which resulted in the pay of the petitioners reaching the pre- upgraded position and excess amounts were recovered also. The Corporation entered into a new pay revision agreement with the W.P.(C)Nos.16632 & 16584/10 -2- recognised trade unions on 28.11.2008 and the grievance of the petitioners and similarly situated persons were considered and redressed in the agreement. Accordingly, it was decided to restore the upgradation with retrospective effect from 1.8.2000 with notional effect. Exhibit P13 produced in W.P.(C) No.16584/10 is the copy of the said proceedings. It is pointed out that the order has not been implemented in favour of the petitioners, even though the pay revision of the existing employees were implemented with effect from 1.4.2009. The petitioners have been representing the matter and the copies of the representations have also been produced before this Court in the Writ Petitions. Accordingly, they pray for a direction to the respondents to implement Clause XI of agreement dated 23.11.2008 and upgrade the pay of the petitioners with effect from 1.8.2000, revise their pension accordingly and pay the arrears. 2. This Court has already considered a similar prayer in W.P.(C)No.24064/2010, wherein similar directions have been issued. W.P.(C)Nos.16632 & 16584/10 -3- 3. There will be a direction to the 1st respondent to conduct due enquiries with regard to the claim of the petitioners and if it is found that they are eligible, the eligible benefits will be sanctioned and disbursed to them and appropriate communication will be issued within a period of three months from the date of receipt of a copy of this judgment. The entitlement of the petitioners for the benefit of Exhibit P13 in W.P.(C)No.16584/10 and Exhibits P8, P9 and P10 in W.P.(C) No.16632/10 will be considered specifically. The Writ Petitions are disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn