IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20213 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.THANKAPPAN, 'SREEKRISHNA VIHAR', ANDIMADOM, KADUKKAMKUNNU, PALAKKAD-678005. (CHARGEMAN-RETIRED, PALAKKAD, D/R 30-04-2002). 2. P.V.SREEKUMAR, 'USHA NIVAS', KAREKKATTUPARAMBA, AMBIKAPURAM POST OFFICE, PALAKKAD-678011. (SERGEANT-RETIRED, PALAKKAD, D/R 31-12-2004). 3. E.V.KRISHNANKUTTY, NO.9, 'SWAPNA', A.C.M.ABOOBACKER ROAD, PALAKKAD-678014. (SUPERINTENDENT-RETIRED, PALAKKAD, D/R 30-04-1997). 4. C.C.VARGHESE, CHEERAN HOUSE, THOTTINGAL, NOORANI POST OFFICE, PALAKKAD-678 004. (SUPERINTENDENT-RETIRED, PALAKKAD, D/R.30-04-2002). 5. N.PRABHAKARAN, 'DEVIKRIPA', C.N.PURAM, PALAKKAD-678005. (CHARGEMAN-RETIRED, PALAKKAD, D/R 30.06.2002). 6. K.K.HARIDAS, KOYILATHUMPADY, MANKARA, PALAKKAD-678613. (CHARGEMAN-RETIRED, PALAKKAD, D/R.30.06.2000). 7. C.CHANDRAN, CHARUVIKAS, KAVU STREET, SEKHARIPURAM, PALAKKAD-678010. (MECHANIC-RETIRED, PALAKKAD, D/R.31.05.1999). 8. E.GOPINATH, 'PRATHAYSHUA', 26, SREE NAGAR COLONY, KUNNATHURMEDU, PALAKKAD-678013. (SUPERINTENDENT-RETIRED, PALAKKAD, D/R.30-04-1997). 9. K.C.SOMASUNDARAN, 'KALA NIVAS', KURISSAMKULAM, KALLEKAD POST OFFICE, PALAKKAD-678015. (CHARGEMAN-RETIRED, PALAKKAD, D/R 30-06-2002). 2/- -2- WP(C)NO.20213/2011 10. C.KANDAN, VENIAMPARAMBIL HOUSE, THENKURISSI POST OFFICE, PALAKKAD-678671. (MECHANIC-RETIRED, PALAKKAD, D/R 31-03-1998). 11. P.K.NANDAKUMAR, 'NANDA VIHAR', PUTHUR POST OFFICE, PALAKKAD-678001. (CHARGEMAN-RETIRED, PALAKKAD, D/R 30.06.2000). 12. K.KRISHNAN, KOOTTALA HOUSE, THUPPALAM, MALAMPUZHA POST OFFICE, PALAKKAD-678651. (CHARGEMAN-RETIRED, PALAKKAD, D/R 30.04.2002). 13. T.VELLA, THOTTAPURA, AKATHETHARA POST OFFICE, PALAKKAD-678008. (MECHANIC-RETIRED, PALAKKAD, D/R 30.09.2002). BY ADV. SRI.C.V.MILTON RESPONDENT(S): --------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE PERSONNEL OFFICER (PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD-678 001. R1 TO R4 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20213/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PENSIONER'S PASS NO.06886 ISSUED TO THE 1ST PETITIONER. P2 COPY OF THE PENSIONER'S PASS NO.06890 ISSUED TO THE 2ND PETITIONER. P3 COPY OF THE PENSIONER'S PASS NO.06786 ISSUED TO THE 3RD PETITIONER. P4 COPY OF THE PENSIONER'S PASS NO.06896 ISSUED TO THE 4TH PETITIONER. P5 COPY OF THE PENSIONER'S PASS NO.15443 ISSUED TO THE 5TH PETITIONER. P6 COPY OF THE PENSIONER'S PASS NO.15343 ISSUED TO THE 6TH PETITIONER. P7 COPY OF THE PENSIONER'S PASS NO.15603 ISSUED TO THE 7TH PETITIONER. P8 COPY OF THE PENSIONER'S PASS NO.25976 ISSUED TO THE 8TH PETITIONER. P9 COPY OF THE PENSIONER'S PASS NO.06856 ISSUED TO THE 9TH PETITIONER. P10 COPY OF THE PENSIONER'S PASS NO.15985 ISSUED TO THE 10TH PETITIONER. P11 COPY OF THE PENSIONER'S PASS NO.76859 ISSUED TO THE 11TH PETITIONER. P12 COPY OF THE PENSIONER'S PASS NO.06810 ISSUED TO THE 12TH PETITIONER. P13 COPY OF THE PENSIONER'S PASS NO.15629 ISSUED TO THE 13TH PETITIONER. P14 COPY OF THE JUDGMENT DATED 5/9/2008 IN WRIT APPEAL NO.1851/2008 P15 COPY OF THE ORDER IN SPECIAL LEAVE APPEAL (CIVIL) NOS.27713/2008 OF THE HON'BLE SUPREME COURT OF INDIA. P16 COPY OF THE JUDGEMENT DATED 28/03/2011IN WRIT PETITION NO.9615/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.20213 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF JULY, 2011 JUDGMENT Petitioners are retired employees of the Kerala State Road Transport Corporation. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents to sanction and disburse the arrears of pay based on 1997 pay revision with interest immediately. According to the petitioners, they are eligible to get arrears of pay revision from 1.3.1997 to 31.10.1999 based on the bilateral agreement dated 13.4.1999 with retrospective effect from 1.3.1997 and implemented on 1.11.1999. 2.When the matter was taken up for hearing, it is submitted at the Bar that similar petitions filed by similar aggrieved persons, were disposed of by this Court by judgment dated 6.1.2011 in W.P.(C).No.34325/2010 and connected cases. In the aforesaid judgment, this Court issued a direction to the Corporation to disburse the arrears of pay revision to the petitioners from -2- W.P.(C).No.20213/2011 1.3.1997 to 31.10.1999 in terms of the directions in Ext.P9 judgment referred to in W.P.(C).No.22039/2008 and Ext.P2 judgment referred to in W.P.(C).No.34325/2010, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. 3. In the light of the decision taken by this Court in W.P. (C).No.34325/2010, there will be a direction to the respondents to sanction and disburse the arrears of 1997 pay revision to the petitioners within a period of six months from today. Following the decision of a Division Bench of this Court in W.A.No.210/2010, this Court further directs that, in case of failure to disburse the benefits to the petitioners as directed above within the stipulated time, the amount payable to each of the petitioners would carry interest at the rate of 6% per annum. Writ Petitions are disposed of as above. -3- W.P.(C).No.20213/2011 HARUN-UL-RASHID, Judge. kcv.