IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22614 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- 1. A.A.OUSEPHACHAN, ALUMPARAMBIL HOUSE, SOUTH CHELLANAM P.O., KOCHI-8, PIN-682 008. (STATION MASTER-RETD., ERNAKULAM, D/R 31.12.2002). 2. E.X.SEBASTIAN, EDAMUKKIL HOUSE, SOUTH CHELLANAM P.O., KOCHI-8, PIN-682 008. (MECHANIC - RETD., ERNAKULAM, D/R 30.4.2007). 3. C.A.MEHABOOB, CHEMBICKATTU HOUSE, PALLIPURAM, MUDICKAL POST OFFICE, (VIA)PERUMBAVOOR, PIN-683 547. (DRIVER - RETD., GURUVAYOOR D/R 31.5.2006 PENSION FROM PERUMBAVOOR). 4. K.V.SUBRAMANIAN, KIZHAKKEPAT HOUSE, KUNDUVAMPADOM POST OFFICE, KADAMPAZHIPURAM, PALAKKAD-678 633. (INSPECTOR - RETD., PALAKKAD D/R 31.10.2007). 5. K.MANIYAN, PADINJARE VEEDU, THALOOR, KOODALLUR, PALAKKAD-678 688. (INSPECTOR - RETD., CHITTUR D/R 31.3.1997 PENSION FROM PALAKKAD). BY ADV. SRI.C.V.MILTON RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPN., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2/- -2- WP(C)NO.22614/2011 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 3. THE ADMINISTRATIVE 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, ERNAKULAM. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, GURUVAYOOR-680 732. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHITTUR-678 101. 7. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD-678 001. BY ADV.SRI.BABU JOSEPH KURUVATHAZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22614/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PENSIONER'S PASS NO.72182 ISSUED TO THE 1ST PETITIONER P2 COPY OF THE PENSIONER'S PASS NO.16933 ISSUED TO THE 2ND PETITIONER. P3 COPY OF THE PENSIONER'S PASS NO.09370 ISSUED TO THE 3RD PETITIONER. P4 COPY OF THE PENSIONER'S PASS NO.06903 ISSUED TO THE 4TH PETITIONER. P5 COPY OF THE PENSIONER'S PASS NO.15612 ISSUED TO THE 5TH PETITIONER. P6 COPY OF THE JUDGMENT DATED 5/09/2008 IN WRIT APPEAL NO.1851/2008 P7 COPY OF THE ORDER IN SPECIAL LEAVE APPEAL (CIVIL) NOS.27713/2008 OF THE HON'BLE SUPREME COURT OF INDIA. P8 COPY OF THE JUDGEMENT DATED 28/03/2011 IN WRIT PETITION NO.9615/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 22614 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF AUGUST, 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 and pension based on 1997 pay revision to the petitioners with interest immediately. According to the petitioners, they are eligible to get arrears of pay revision and interest thereon 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. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Corporation. 3. 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 -2- W.P.(C).No.22614/2011 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 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. 4. 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 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 -3- W.P.(C).No.22614/2011 would carry interest at the rate of 6% per annum. Writ Petitions are disposed of as above. HARUN-UL-RASHID, Judge. kcv.