IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 11766 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- 1. K.K. SIVANKUTTY, ASSISTANT TRANSPORT OFFICER (RETIRED ON 31-12-07) KOTTAYAM UNIT, PAINAMPARAMBIL, MEENADAM. P.O., KOTTAYAM. 2. N.V. SUNNY, INSPECTOR (RETIRED ON 31-5-05) KOTTAYAM UNIT, NEDUMPARAMBIL HOUSE, VADAVATHOOR P.O., KALATHILPADY, KOTTAYAM. 3. G. TRESA, SUPERINTENDENT (RETIRED ON 30-4-03) KOTTAYAM UNIT, KOCHUKULATHIL, KEEZHUKUNNU, KOTTAYAM. 4. P.K. MATHEW, DRIVER (RETIRED ON 31-10-05) KOTTAYAM UNIT, PURAMTHARA HOUSE, KUMARAKOM EAST P.O., KOTTAYAM. 5. O.C. KRISHNANKUTTY, DRIVER (RETIRED ON 31-1-05) KOTTAYAM UNIT, OLIKKARA HOUSE, MANARACAD P.O., KOTTAYAM. 6. A.K. MURALEEDHARAN, BLACK SMITH (RETD. ON 31-5-06) VAIKOM UNIT PUTHEZHATH HOUSE, AYYAPPANKAVU, ERNAKULAM. 7. K. RAJENDRAN,SPECIAL ASSISTANT (RETIRED ON 31-7-04). KOZHIKODE UNIT, ANUGRAHA, RARICHAN ROAD, ERAMBIPALAM, KOZHIKODE. 8. V.M. GEORGE, ADMINISTRATIVE OFFICER (RETIRED ON 30-9-07) KOZHIKODE, SAPNA VIHAR, CHEVAYOOR. P.O., KOZHIKODE. 9. N.G. VARGHESE, SUPERINTENDENT (RETD. ON 31-5-06) KOTHAMANGALAM UNIT, NEDUMPEEDIKAYIL, MUVATTUPUZHA. BY ADV. SRI.P.P.SOMAN NAIR. WP(C).No. 11766 of 2011(U) RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-23. 4. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. 5. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. 6. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTHAMANGALAM. 7. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VAIKOM UNIT. R1 TO R7 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, ALONG WITH WP(C) NO. 12036 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.11766, 11902, 11905, 12036, 12092, 12123, 12134, 12191, 12226, 12231, 12241, 12254 & 12261 OF 2011 -------------------------------------------- Dated this the 12th day of April, 2011 JUDGMENT The petitioners in all these Writ petitions are retirees from the service of the Kerala State Road Transport Corporation (for short ‘the Corporation). They retired from its service on diverse dates. Essentially, the grievance of the petitioners is with respect to the non-disbursement of the 1997 pay revision benefits in terms of the bipartite settlement executed between the Corporation and its employees on 13.4.1999. The benefits of pay revision flowing from the same includes arrears of pay and pension. The entitlement to arrears of pay and pension depends upon the date of retirement. In the case of persons who retired from the service of the Corporation on or before 31.10.1999, they are entitled to arrears of pay and pension. In the case of those who retired from the service of the Corporation on or after 1.11.1999, they are entitled to arrears of pay only. I have considered the entitlement of similarly situated retirees from the W.P.(C)11766 & Conn.cases 2 service of the Corporation in W.P.(C).No.34325 and connected matters. The learned counsel for the petitioners submitted that the claim and entitlement of the petitioners are to be decided in the light of the said decision and also taking note of the bipartite settlement dated 13.4.1999. The learned standing counsel would also endorse the same. In the circumstances, these Writ Petitions are disposed of with a direction to the respondents to quantify and disburse the benefits payable to the petitioners flowing from the bipartite settlement dated 13.4.1999 taking into account the dates of retirement of the petitioners in the light of the decision of this Court in W.P.(C).No.34325/2010 and connected matters. The quantification and disbursement of the benefits flowing from the said settlement dated 13.4.1999, in the light of this judgment shall be done expeditiously, at any rate, 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. (C.T. RAVIKUMAR, JUDGE) spc //true copy// P.A. to Judge W.P.(C)11766 & Conn.cases 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C)11766 & Conn.cases 4