IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 20005 of 2004(F) -------------------------- PETITIONER(S): --------------- V.ANANDAN, S/O. R.VELAYUDHAN, AGED 60 YEARS, INSPECTOR RETIRED FROM K.S.R.T.C. DEVANANDALAYAM, KANNIMMEL A, KILIMOLLOOR, KOLLAM-4. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPN.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT,THIRUVANANTHAPURAM. 2. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPN. LTD., KOLLAM DEPOT, KOLLAM. ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20005 of 2004(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- TRUE COPY OF JUDGMENT DATED 7.2.2001 IN OP NO.4075/2001- I BY THE HON'BLE HIGH COURT OF KERALA. EXT.P2: TRUE COPY OF ORDER NO.LR8-02/3330/97 DATED 23.1.2003 ISSUED BY THE 1ST RESPONDENT. EXT.P3:- TRUE COPY OF REPRESENTATION DATED 9.3.2004 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4:- TRUE COPY OF LETTER NO.PR(5) 018553/01 DATED 23.3.2004 ISSUED BYT HE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:- EXT.R1(a):- TRUE COPY OF THE MEMORANDUM NO.PLB6 080701/99 DTD. 12.11.1999. // TRUE COPY // P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.20005 of 2004 ---------------------------- Dated 10th January, 2011 JUDGMENT The petitioner retired from the service of the Kerala State Road Transport Corporation (for short `the Corporation') on 31.8.1998. The contention of the petitioner is that in terms of the bipartite settlement executed between the Corporation and the employees on 13.4.1999 with retrospective effect from 1.3.1997, he is entitled to all benefits from 1.3.1997. On 9.3.2004 the petitioner has submitted Ext.P3 representation relying on the decision of a Division Bench of this Court in W.A.No.3146 of 2001 to contend that he is entitled to the revised scale of pay from 1.3.1997 and consequently the arrears of pay and pension with effect from 1.3.1997. However, the said representation was rejected as per Ext.P4 holding that pay revision based on the bipartite settlement dated 13.4.1999 would be available only to those who retired on or after 13.4.1999. It is challenging Ext.P4 order that this writ petition has been filed. It is further prayed thereunder for a declaration that the petitioner is entitled to reckon the services rendered by him as Reserve Conductor for the purpose of reckoning of qualifying service for pension and to get it rounded to 30 years. WP(C).No.20005/2004 2 2. I have heard the learned counsel appearing for the petitioner and also the learned standing counsel for the respondents. 3. The question regarding the entitlement of the arrears of pay and pension based on the memorandum of bipartite settlement dated 13.4.1999 has come up for consideration in a number of writ petitions. Based on the earlier decisions of this Court on the aforesaid subject, I have disposed of W.P.(C)No.34325 of 2010 and connected cases holding that the petitioners therein are entitled to get arrears of pay and pension. In view of the decision in W.P.(C)No.34325 of 2010 and connected cases there cannot be any dispute with respect to the entitlement of the petitioner for getting the benefits arising out of the bipartite settlement dated 13.4.1999 and to get the arrears of pay and pension. As already noticed hereinbefore, the petitioner retired from the service on 31.8.1998. In view of the decision in W.P.(C)No.34325 of 2010 and connected cases, it is declared that the petitioner is entitled to get all the benefits including arrears of pay and pension reckoning the period from 1.3.1997 till 31.8.1998. Therefore, there will be a direction to the respondents to re-fix the benefits to which the petitioner is legally entitled to based on the above declaration and to disburse the arrears of pay and pension reckoning the period from 1.3.1997 till 31.8.1998. WP(C).No.20005/2004 3 This 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, the amount payable to the petitioner would carry interest at the rate of 8.5% per annum. Sd/- C.T.RAVIKUMAR Judge TKS