IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7327 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ 1. K.P. PAILY, S/O. PAILY, KADAVUMKAL HOUSE, THODUPUZHA.P.O,(ASSISTANT TRANSPORT OFFICER, RETIRED ON 30/04/2008 FROM ERNAKULAM SALARY CARD AT THODUPUZHA) 2. T.V. GOPI, S/O. VATTU, THERUVIPARAMBIL HOUSE, VADASSERY, KEDAMANGALAM, NORTH PARAVOOR (DESKMAN STORE ATTENDER - RETIRED ON 31/08/2007 FROM KOTHAMANGALAM) 3. C.V. RADHAKRISHNAN, S/O. VANDI, CHACKOTHARA HOUSE, KEDAMANGALAM, NORTH PARAVOOR (CONDUCTOR, RETIRED ON 31/05/2007 FROM NORTH PARAVOOR) 4. C.R. NARAYANAN, S/O. RAMAN MENON, CHINGANAPURAM HOUSE, BRAHMAMANGALAM.P.O, PIN - 686 614 (SUPERINTENDENT, RETIRED ON 31/10/2005 FROM VAIKOM) 5. O.P. FRANICS, S/O. PAPPU, OLIPARAMBIL HOUSE, NAYARAMBALAM.P.O, PIN - 682 509, (SUPERINTENDENT, RETIRED ON 31/01/2009 FROM NORTH PARAVOOR) 6. T.S. KESAVANKUTTY MENON, S/O. RAMAKRISHNAN, SURABHI, KADAKKARAPPILLY.P.O, PIN - 688 529 (DRIVER, RETIRED ON 31/05/2001 FROM CHERTHALA) Kss ..2/- ..2.... WPC.NO.7327/2011 M 7. V.K. MANI, S/O. KANDA, VADAKKUMKARAYIL HOUSE, AVOLY.P.O, PIN - 686 677, MOOVATTUPUZHA (CONDUCTOR, RETIRED ON 30/11/2007 FROM MUVATTUPUZHA) 8. K.R. JOHN, KALATHITHARA, EZHUPUNNA SOUTH.P.O, CHERTHALA (INSPECTOR, RETIRED ON 30/06/2002 FROM ERNAKULAM) 9. K. SHANMUGHAN, GEETHANJALI, P.C. COLONY, ANJUMANA, EDAPPALLY, ERNAKULAM DISTRICT (ASSISTANT TRANSPORT OFFICER, RETIRED ON 28/02/2003 FROM ANKAMALY SALARY CARD AT ERNAKULAM) 10. M.R. MOHANAN, S/O. RAMA KAIMAL, MULLAYIL HOUSE, KAIPATTOOR.P.O, PIN - 682 313. (SELECTION GRADE CLERK, RETIRED ON 30/06/2006 FROM VAIKOM) 11. K.P. RAMESAN, VENATHYRUTHIL HOUSE, UDAYANAPURAM.P.O, VAIKOM, (TICKET ISSUER, RETIRED ON 31/03/2010 FROM VAIKOM) 12. V.A. BABY, S/O. ABRAHAM, THEKKUMKATTIL HOUSE, KOOTHATTUKULAM (CONDUCTOR, RETIRED ON 31/03/2010 FROM MUVATTUPUZHA) 13. A.A.PONNAPPAN, S/O. APPU, ANOOB NIVAS, KADAKKARAPPILLY.P.O, CHERTHALA - 688 529 (MECHANIC, RETIRED ON 30/04/2005 FROM CHERTHALA) BY ADV. SRI.K.P.JUSTINE (KARIPAT) Kss ..3/- ..3... WPC.NO.7327/2011 M RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM - 11. 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARAVOOR - 32. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, VAIKOM - 686 614. 5. THE ASSISTANT TRANSPORT OFFICER, KSRTC, KOTHAMANGALAM - 686 614. 6. THE ASSISTANT TRANSPORT OFFICER, KSRTC, CHERTHALA - 688 523. 7. THE ASSISTANT TRANSPORT OFFICER, KSRTC, MUVATTUPUZHA- 686 677. 8. THE ASSISTANT TRANSPORT OFFICER, KSRTC, ANKAMALY - 682 314. R1 TO R8 BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011 ALONG WITH WPC.NO.7328 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T.RAVIKUMAR, J ---------------------------------------- W.P.(C) Nos.7327/2011, 7328/2011, 7343/2011, 7389/2011, & 7417/2011 . -------------------------------------------- Dated this 9th day of March, 2011 J U D G M E N T The issue involved in all these writ petitions is akin to the one, heard and decided by me in W.P(C) No.34325/2010 and connected cases. Except the petitioner in W.P(C) No.7417/2011, all the other petitioners have retired from the service of the Kerala State Road Transport Corporation (for short, 'the Corporation'), after 31.10.1999. The first petitioner in W.P(C) No.7417/2011 retired from its service on 31.10.1999. In terms of the bipartite settlement executed between the Corporation and its employees dated 13.04.1999, persons who retired from the service of the Corporation after 31.10.1999 are entitled only to the benefit of pay revision in terms of the said bipartite settlement dated 13.04.1999. In other words, they are entitled only to the arrears of pay revision from 01.03.1997 to 31.10.1997. However, in the case of the first petitioner in W.P(C) No.7417/2011 being a retiree prior to 31.10.1999, he is entitled to the aforesaid benefit as also arrears of pension from 1.4.98 till the date of retirement. 2. The learned counsel for the petitioners submits that the petitioners in all these writ petitions are similarly situated to the petitioners in W.P(C) No.34325/2010 and, therefore, they are also entitled to similar benefits W.P(C) No.7327/2011 & connected cases --2-- granted to such similarly situated persons. The learned counsel appearing for the respondents would endorse the same. In the said circumstances, these writ petitions are disposed of with a direction to the respondents to sanction and disburse the arrears of pay revision to the petitioners in all these writ petitions from 01.03.97 to 31.10.97 in terms of bipartite settlement dated 13.04.1999. In the case of the first petitioner in W.P(C) No.7417/2011 in addition to the aforesaid benefit, the respondents shall sanction and disburse the arrears of pension to which he is entitled in terms of aforesaid bipartite settlement. These shall be done within a period of 6 months from the date of receipt of a copy of this judgment. In case, such benefits are not disbursed to the petitioners within the aforesaid time limit, the amount payable to each of the petitioners would carry interest at the rate of 8.5% per annum. C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK