IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16551 of 2011(T) ------------------------------------- PETITIONER(S): -------------------- 1. K.ANIYAN, NADAKKAL PARAMBU, ZILLA COURT WARD, THATHAMPALLY P.O.,ALAPPUZHA (PRINTER,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31.3.1998 FROM ALAPPUZHA UNIT) 2. V.YESODHARAN,PARAPALLICHIRAYIL, MANNANCHERY P.O.,ALAPPUZHA, (DRIVER,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31.1.2002 FROM ALAPPUZHA UNIT) 3. K.GOPINATHAN NAIR, POYIKKATTU VEEDU, KOTTAMKULANGARA, AVALOOKUNNU P.O.,ALAPPUZHA, (DRIVER,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 30.10.2002 FROM ALAPPUZHA UNIT) 4. V.A.THOMAS,VILANJOOR HOUSE, ZILLA COURT WARD, ALAPPUZHA, (INSPECTOR,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 30.04.2004 FROM CHERTHALA UNIT, PENSION FORM ALAPPUZHA) 5. N.S.JOY, NEENDUSSERY HOUSE, RAMANKARY P.O., ALAPPUZHA,(INSPECTOR,KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 31-7-2004 FROM ALAPPUZHA UNIT) 6. P.A.ZEENATH, KANNANTHARA HOUSE, SOUTH ARYAD, AVALOOKUNNU P.O.,ALAPPUZHA, (SUPERINTENDENT,KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31-10-2004 FROM ALAPPUZHA UNIT) tss W.P.(C) NO.16551/2011 7. M.R.RAVIKUMAR, RAMAMANDIRAM,PATHIRAPALLY P.O.,ALAPPUZHA, (ASSISTANT TRANSPORT OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31-5-2005 FROM KAYAMKULAM UNIT) 8. A.ABOOBACKER KUNJU,PALLATHUCHIRA, PONNADU, ALAPPUZHA, (DRIVER,KERALA STATE ROAD, TRANSPORT CORPORATION,RETIRED ON 30-6-2006 FROM ALAPPUZHA) 9. P.T.RAJENDRAN, PULICHUVATTIL NORTH ARYAD,ALAPPUZHA, (INSPECTOR,KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 31-3-2009 FROM ALAPPUZHA) 10. P.K.VIJAYAN,PANANCHIPARAMBIL, PULINCUNNU,ALAPPUZHA,(ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED 30-09-2002 FROM KRUNAGAPPALLY,PENSION FROM ALAPPUZHA BY ADVS. SRI.K.K.MANGALANANDAN SRI.PRATHEUSH.M.ANAND RESPONDENT(S): ------------------------ THE KERALA STATE ROAD TRANSPORT CORPORATION, REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16551/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE IST PETITIONER. P2:- COPY OF THE PENSION PASS ISSUED BY RESPONDENT CORPORATION TO THE 2ND PETITIONER. P3:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 3RD PETITIONER. P4:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 4TH PETITIONER. P5:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 5TH PETITIONER. P6;- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 6TH PETITIONER. P7:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 7TH PETITIONER. P8:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 8TH PETITIONER. P9:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 9TH PETITIONER. P10:- COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 10TH PETITIONER. P11:- COPY OF THE JUDGMENT IN WA. 1845/2008 PASSED BY THIS HONOURABLE COURT DT.D 5.9.2008. P12:- COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 27713/2008 OF THE HONOURABLE SUPREME COURT OF INDIA DTD. 10.9.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S.TO JUDGE tss C.T.RAVIKUMAR, J. ---------------------------------- W.P.(C)Nos.16551 of 2011 ---------------------------------- Dated 21st June, 2011 JUDGMENT The issue involved in this writ petition is akin to the one heard and decided in W.P.(C)No.34325 of 2010 and connected matters. The petitioners are retirees from the service of the Kerala State Road Transport Corporation (for short '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 include 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 of 2010 and connected matters. The learned counsel for the petitioners in this writ petition submitted that the claim and entitlement of the petitioners are to be decided in the light WP(C).No.16551/2011 2 of the said decision and also taking note of the bipartite settlement dated 13.4.1999. The learned standing counsel appearing for the respondent would also endorse the same. In view of the said indisputable position obtained in this case, I am inclined to dispose of this writ petition directing the respondent 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 of 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. It is made clear that in case of failure on the part of the respondent to disburse the amount payable to each of the petitioners within the above stipulated time, the amount payable would carry interest at the rate of 8.5% per annum. Sd/- C.T.RAVIKUMAR Judge TKS