IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16318 of 2011(L) ---------------------------------- PETITIONER(S): ----------------------- 1. K.S.KUNJUNNY, KIZHAKKOOT HOUSE, AVINISSERY POST OFFICE, THRISSUR, PIN-680313 (MECHANIC-RETIRED, THRISSUR D/R 31.12.1998) 2. T.K.VISWAMBARAN, THIRUTHOLI HOUSE, THAIKKATTUSSERY POST OFFICE, THRISSUR. PIN-680322 (CHARGEMAN-RETIRED, THRISSUR D/R 31.08.1999) 3. C.M.VELUKUTTY, CHERUVATHERY HOUSE, CHEVOOR POST OFFICE, THRISSUR. PIN-680001. (CHARGEMAN-RETIRED, THRISSUR D/R 30.06.2006) 4. P.A.VISWAMBARAN, PARATHATTIL HOUSE, KANDASSANKADAVU POST OFFICE, THRISSUR, PIN-680613 (SECTION OFFICER-RETIRED, CHIEF OFFICE D/R 28.02.2002 RECEIVING PENSION FROM THRISSUR) 5. V.K.BALAKRISHNAN, VRINDAVAN COTTAGE, ARUVAI, PAZHANJI POST OFFICE, THRISSUR, PIN-679579 (INSPECTOR-RETIRED, THRISSUR D/R 31.05.2003) 6. T.K.BALAKRISHNAN, THAVALAKULANGARA, S.N.NAGAR, IRINJALAKUDA POST OFFICE, THRISSUR, PIN-680125 (CHARGEMAN-RETIRED, THRISSUR D/R 31.05.2003) 7. M.S.KUNJU MOHAMMED, MULLAKKARA HOUSE, ETTUMANA POST OFFICE, THRISSUR-680711 (INSPECTOR-RETIRED, THRISSUR D/R 31.03.2000) 8. M.K.RAMACHANDRAN, MADAVANKATTIL HOUSE, ERAVU POST OFFICE, THRISSUR-680620 (MECHANIC-RETIRED, THRISSUR D/R 31.12.2006) WP(C).No. 16318 of 2011(L) -:2:- 9. A.LAKSHMANAN, VETTATH HOUSE, THAIKKATTUSSERY POST OFFICE, THRISSUR, PIN-680322 (MECHANIC-RETIRED, THRISSUR D/R 30.08.2007) 0. P.K.BALAKRISHNAN, PULIPARAMBIL HOUSE, PUTHENPEEDIKA POST OFFICE, VALOOR, THRISSUR, PIN-680001 (CHARGEMAN-RETIRED, THRISSUR, D/R 31.08.2000) BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, POST OFFICE, THIRUVANANTHAPURAM-695023. 2. THE FINANCIAL ADVISOR AND CHIEFACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.POST OFFICE, THIRUVANANTHAPURAM-695023. 3. THE PERSONNEL OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT.POST OFFICE, THIRUVANANTHAPURAM-695023. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR-680021. R1 TO R4 BY SHRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, ALONG WITH W.P(C) NOS.16319 & 16329 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C).No. 16318 of 2011(L) A P P E N D I X PETITIONER'S EXHIBITS:- P1: COPY OF THE PENSIONER'S PASS NO.02200 ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE PENSIONER'S PASS NO.47183 ISSUED TO THE 2ND PETITIONER. P3: COPY OF THE PENSIONER'S PASS NO.47096 ISSUED TO THE 3RD PETITIONER. P4: COPY OF THE PENSIONER'S PASS NO.47142 ISSUED TO THE 4TH PETITIONER. P5: COPY OF THE PENSIONER'S PASS NO.56501 ISSUED TO THE 5TH PETITIONER. P6: COPY OF THE PENSIONER'S PASS NO.16538 ISSUED TO THE 6TH PETITIONER. P7: COPY OF THE PENSIONER'S PASS NO.16528 ISSUED TO THE 7TH PETITIONER. P8: COPY OF THE PENSIONER'S PASS NO.47082 ISSUED TO THE 8TH PETITIONER. P9: COPY OF THE PENSIONER'S PASS NO.02117 ISSUED TO THE 9TH PETITIONER. P10: COPY OF THE PENSIONER'S PASS NO.47156 ISSUED TO THE 10TH PETITIONER. P11: COPY OF JUDGEMENT DATED 5.09.2008 IN WRIT APPEAL NO.1851/2008. P12: COPY OF ORDER IN SPECIAL LEAVE APPEAL (CIVIL) NOS.27713/2008 OF THE HON'BLE SUPREME COURT OF INDIA. P13: COPY OF THE THE JUDGMENT IN W.P(C) NO.9615/2011 DATED 28.03.2011. RESPONDENT'S EXHIBITS:'NIL' //TRUE COPY// P.A TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOs. 16318, 16319 & 16329 OF 2011 -------------------------------------------- Dated this the 17th day of June, 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 service of the Corporation in W.P.(C).No.34325 and connected matters. W.P.(C) 16318/2011 & conn. 2 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 consider the entitlement of the petitioners to such benefits with reference to the date of retirement and 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 W.P.(C) 16318/2011 & conn. 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) 16318/2011 & conn. 4