IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11568 of 2011(U) ------------------------------------------ PETITIONER(S): ------------------------ 1. F.GEORGE, S/O.FRANCIS, VADAKKUZHIYIL HOUSE, CMC.23, CHERTHALA, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.2.2004 FROM CHERTHALA UNIT). 2. K.M.CHANDRAMATHY, KALALAYA, SULTHAN BATHERY, WAYANAD, (ADMINISTRATIVE OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.5.2006 FROM SULTHAN BATHERY UNIT). 3. P.M.ISSAC, MULLANKUZHY, MULAMKUNNAM PO, CHANGANACHERY, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON 31.7.2007 FROM CHANGANACHERRY UNIT). 4. M.RADHAKRISHNAN, MULLERI HOUSE, VALANCHERI, KOLERI P.O., SULTHAN BATHERY, (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.10.2007 FROM SULTHAN BATHERY UNIT). 5. P.P.VAMADEVAN, KALALAYA, SULTHAN BATHERY, WAYANAD, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.11.1999 FROM SULTHAN BATHERY UNIT). 6. T.P.APPUKUTTAN, ERINGALATHU HOUSE, MOOLANKUAVU P.O., SULTHAN BATHERY, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.12.1999 FROM SULTHAN BATHERY UNIT). 7. T.J.JOHNY, THANIKUNNEL VEEDU, NEAR KSEB, SULTHAN BATHERY, (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2002 FROM SULTHAN BATHERY UNIT). Kss .2/- ..2.... WPC.NO.11568/2011 U 8. K.K.ANJANADASAN, PONAYATH HOUSE, NADAVAYAL P.O., WAYANAD DISTRICT, (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.8.2000 FROM SULTHAN BATHERY UNIT). 9. M.S.CHIDAMBARAN, MATTATHIL HOUSE, MARUTHERVATTOM P.O., CHERTHALA. (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.4.2002 FROM CHERTHALA UNIT). 10. S.DIVAKARAN, SREEMANDIRAM HOUSE, MATTOM SOUTH, THATTARAMBALAM P.O., MAVELIKKARA, (ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRNASPORT CORPORATION,RETIRED ON 31.7.2003 FROM THIRUVANANTHAPURAM CENTRAL UNIT). 11. K.K.SIDHARTHAN,KOLLAMPARAMBIL HOUSE, AVALOOKUNNU P.O., ALAPPUZHA, (CHAREMAN, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.6.2002 FROM ALAPPUZHA UNIT). 12. D.BABU, ANISH BHAVAN, NANGYARKULANGARA, HARIPPAD, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.10.2007 FROM HARIPAD UNIT). BY ADVS. SRI.K.K.MANGALANANDAN, SRI.PRATHEUSH.M.ANAND. RESPONDENT(S): -------------------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.11568 OF 2011 -------------------------------------------- Dated this the 8th day of April, 2011 JUDGMENT The petitioners 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, this Writ Petition is disposed of with a direction to the respondent to disburse the benefits to the petitioners flowing from W.P.(C) NO.11568/2011 2 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. It is made clear that depending upon the rights W.P.(C) NO.11568/2011 3 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 respondent 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. If depending upon the date of retirement, the petitioners are entitled to benefits under both the bipartite settlements, as claimed by them, the benefits payable to each of the petitioners, depending upon the date of retirement and taking note of the conditions under the aforesaid bipartite settlements, shall be quantified and disbursed in the light of the above observations and directions. W.P.(C) NO.11568/2011 4 This Writ Petition is disposed of, accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) spc // true copy// P.A. to Judge W.P.(C) NO.11568/2011 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.11568/2011 6