IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4913 of 2011(L) ------------------------------------- PETITIONER(S): ---------------------- 1. M. BABU, S/O.MADHAVAN, RETIRED KSRTC BUS DRIVER, RESIDING AT KARTHYAYANI NILAYAM, K.M.C.XII/55B, PULIKUNNU, KASARAGOD. 2. K. RAMESH, S/O.RAMAKRISHNA, RETIRED KSRTC DRIVER, RESIDING AT NAGARKATTE, KORAKODE, KASARAGOD. 3. P. KUNHIRAMAN NAIR, RETIRED VEHICLE SUPERVISOR, KSRTC, RESIDING AT THEKKILPARAMBU HOUSE, THEKKIL P.O., (VIA) CHENGALA, KASARAGOD. 4. P. NARAYANA, RETIRED KSRTC BUS DRIVER RESIDING AT PALLIKKAL HOUSE, ENDEER (VIA) CHENGALA, KASARAGOD. 5. K. ANANTHA SHENOY, RETIRED KSRTC BUS DRIVER, RESIDING AT SIVA TEMPLE, RAMDAS NAGAR, P.O.KODLU, KASARAGOD. 6. K. VISWANATHA, RETIRED KSRTC BUS DRIVER, RESIDING AT SUGANTHI COMPOUND, KORAKODE, KASARAGOD. 7. KUMARAN, RETIRED KSRTC BUS DRIVER, RESIDING AT SASITHIL, KUMBALA, KASARAGOD. 8. K. NAGENDRA, RETIRED KSRTC VEHICLE SUPERVISOR, RESIDING AT OPPOSITE KDL BANK, KASARAGOD TOWN, KASARAGOD. 9. K. KORAGAPPA, RETIRED KSRTC BUS DRIVER, RESIDING AT SWAMIKRIPA, P.O.KUDLU, KASARAGOD. 10. K. SURENDRA, RETIRED VEHICLE SUPERVISOR, KSRTC, RESIDING AT NITHYANANDA, KARANTHAKKADE, SHIVAJI NAGAR, KASARAGOD. WP(C).No. 4913 of 2011(L) 11. M. CHANDRAN, RETIRED STATION MASTER, KSRTC, RESIDING AT `USHAS', ATHIRAKAM, P.O.MUNDAYAD, KANNUR-670 597. 12. K. SREEDHARA, RETIRED VEHICLE SUPERVISOR, KSRTC, NELLIKALAYA HOUSE, P.O.PERDALA, (VIA) BADIADKA, KASARAGOD. 13. K. VENUGOPALAN, RETIRED KSRTC BUS DRIVER, RESIDING AT `KARTHIKA NIVAS', NETTADUKKAM, NEAR NETTADUKKAM MARIYAMMAN TEMPLE, P.O. KANHANGAD, KASARAGOD DISTRICT. 14. M.V. PURUSHOTHAMAN, RETIRED KSRTC BUS DRIVER, RESIDING AT ALAMIPALLI, HOSDURG, P.O.KANHANGAD. 15. K. GANGADHARAN, RETIRED KSRTC BUS DRIVER, RESIDING AT PADINHATTUMKOVIL, NILESHWARAM, KASARAGOD. BY ADV. SRI.K.SHRIHARI RAO, SMT.N.SHOBHA, SRI.K.S.BALAKRISHNAN. RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, DISTRICT OFFICE, KASARAGOD-671 121. R1 TO R3 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, ALONG WITH WP(C) NO. 4947 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.4913, 4947, 4979, 5001, 5017, 5049, 5063 & 5075 OF 2011 -------------------------------------------- Dated this the 17th day of February, 2011 JUDGMENT The petitioners in all these Writ Petitions are retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). They retired from its service on diverse dates. Admittedly, in the matter of pay revision, two bipartite settlements are executed between the Corporation and its employees on 13.4.1999 and 28.11.2008. There cannot be any doubt with respect to the position that persons falling within the purview of the bipartite settlement dated 13.4.1999 are entitled to get more benefits than the persons falling under the purview of bipartite settlement dated 28.11.2008. The entitlement of retirees falling under the aforesaid bipartite settlements had come up for consideration before this Court and therefore, the said issues are no more res integra. In fact, the entitlement of the petitioners to such benefits flowing from the bipartite settlements would depend upon the dates of their respective retirement from the service of the KSRTC. In view of the said position, these Writ W.P.(C) NOs.4913, 4947, 4979, 5001, 5017, 5049, 5063 & 5075 OF 2011 2 Petitions are disposed of with a direction to the respondents to disburse the benefits to the petitioners flowing from the bipartite settlement executed on 13.4.1999/ 28.11.2008, whichever is applicable to them. No doubt, the benefits have to be computed based on the aforesaid direction necessarily taking note of the respective dates of retirement of the petitioners. In the case of persons eligible to get the benefits flowing from the bipartite settlement dated 13.4.1999, this Court directed the respondents to disburse such benefits within a period of six months from the date of receipt of a copy of the judgment making it further clear that in case of failure on the part of the respondents to disburse the benefits within the stipulated time, the amount payable to each of the concerned petitioners would carry interest at the rate of 8.5% per annum. In the case of persons who are entitled to the benefits flowing from the bipartite settlement dated 28.11.2008, this Court directed to disburse the benefits flowing from the same within one month from the date of receipt of a copy of the judgment making it clear that the concerned petitioners would get the monetary benefits from 1.4.2009. In those cases, this Court held that in case of failure on the part of the respondents to disburse the benefits flowing from the bipartite settlement dated 28.11.2008, the amount payable to the petitioners would carry interest at the rate of 6% with effect from 1.6.2009. W.P.(C) NOs.4913, 4947, 4979, 5001, 5017, 5049, 5063 & 5075 OF 2011 3 It is made clear that depending upon the rights of the petitioners to get the benefits ie., under the bipartite settlement dated 28.11.2008 or the bipartite settlement dated 13.4.1999, the respondents shall compute the benefits payable to each of the petitioners and disburse the same taking note of the above observations. It is further made clear that in the case of petitioners who are entitled to get the benefits flowing from the bipartite settlement dated 13.4.1999, the amount payable to them shall be disbursed within a period of six months from the date of receipt of a copy of this judgment and in case of failure to disburse the same, the said amount would carry interest at the rate of 8.5% per annum. In the case of petitioners who are falling within the purview of bipartite settlement dated 28.11.2008, the amount payable to them shall be disbursed within a period of one month from the date of receipt of a copy of this judgment. In case of failure to effect payment within the stipulated time, it would carry interest the rate of 6% w.e.f. 1.6.2009. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NOs.4913, 4947, 4979, 5001, 5017, 5049, 5063 & 5075 OF 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NOs.4913, 4947, 4979, 5001, 5017, 5049, 5063 & 5075 OF 2011 5