IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WA.No. 1845 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.29909/2006 DATED 27/06/2008 .................... APPELLANT/ PETITIONER IN THE WRIT PETITION: ------------------------------------------------------------------------ THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS DEPUTY LAW OFFICER, SRI. RANJITH JOSEPH. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT/ RESPONDENT IN THE WRIT PETITION: ----------------------------------------------------------------------------- SRI.T.J. FRANCIS, RETIRED DRIVER, KSRTC, THODUPUZHA DEPOT, RESIDING AT THAKARAPALLIL HOUSE, KALLOORKAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI. ANANDARAJAN. N. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/09/2008, ALONG WITH W.A. NO. 1847/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A. NOS: 1845, 1847, 1849, 1850, 1851, 1852, 1854, 1855, 1856 & 1857 OF 2008 ----------------------------------------------------------- Dated this the 5th September, 2008. JUDGMENT Koshy, J. Writ petitioners retired from the service during the period from 1997 onwards. On 13/4/1999 by bipartite settlement pay revision agreement was executed retrospectively from 1.3.1997. In the above there was a clause as follows:- “Pay revision arrears with effect from 1.3.1997 or opted date if any, will be credited to provident fund for a period of four years. Advances in respect of this amount from Provident Fund will be allowed only after that period. The I and II Interim Relief reckoned for fixation will be deducted from the arrears since the same are reckoned notionally for fixation alone. In case of retiring employees the arrears will be released at the time of retirement. (emphasis added).” 2. The amount has to be credited to the provident fund for four years and in case of retiring employees arrears will be released at the time of retirement. These retired employees were not paid its benefits on the basis of the pay revision settlement, even after eight years. Now it is also submitted that negotiations of new pay revision settlement is going on. The Lok Ayukta has started proceedings for non-compliance of settlement by Ext.P3. The learned Judge held that before effecting new pay revision settlement the above arrears should be paid to the retired employees. The learned Judge also found that there is no W.A.Nos: 1845/08 etc. 2 justification in not paying the amount to the retired employees. We see no ground to interfere with the same. However, we make a rider that petitioners can enter into a new settlement but that shall not be implemented before the entire arrears on the basis of settlement are paid to the retired employees. Writ appeals are disposed of with the above direction. J.B.KOSHY Judge THOMAS P. JOSEPH jj Judge K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: