IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 2516 of 2011(L) ------------------------- PETITIONER(S): --------------- 1. K.N.SREENIVASAN, S/O.NARAYANAN, KAYALIL PARAMBIL VEEDU, PONGA.P.O., ALAPPUZHA. (DRIVER, RETIRED ON 30.6.2001 FROM ALAPPUZHA). 2. M.D.SISUPALAN, VARISSERIL HOUSE, POONTHOPPU, ALAPPUZHA. (CONDUCTOR, RETIRED ON 31.5.2004 FROM ALAPPUZHA). 3. M.MOHANADASA PANICKER, KARTHIKA, NEERKUNNAM, ALAPPUZHA. (CONDUCTOR, RETIRED ON 31.5.2000 FROM ALAPPUZHA). 4. K.M.SIDHARTHAN, KUDATHIL HOUSE, POOMTHOPPU WARD, AVALOOKUNNU.P.O., ALAPPUZHA. (INSPECTOR, RETIRED ON 30.11.2002 FROM ALAPPUZHA). 5. R.PARAMESWARAN, VARYATHUVELI, KALARKODU, SANANTHANAPURAM, ALAPPUZHA. (CONDUCTOR, RETIRED ON 31.10.2007 FROM ALAPPUZHA). 6. A.BASHEERKUTTY, MADATHIPARAMBIL, SANATHANAM WARD, ALAPPUZHA. (DRIVER, RETIRED ON 31.8.2000 FROM ALAPPUZHA). 7. C.R.VASUDEVA PANICKER, CHUNTHRAYIL HOUSE, KAKKAZHAM.P.O., ALAPPUZHA. (STATION MASTER, RETIRED ON 31.12.2001 FROM ALAPPUZHA). 8. S.PURUSHOTHAMAN PILLAI, THEVARUNDA VEEDU, NEERKUNNAM, ALAPPUZHA. (DRIVER, RETIRED ON 31.10.1999 FROM ALAPPUZHA). 9. M.A.THANKAPPAN ACHARI, AYYAPPA NIVAS, PUTHIYAVEEDU VELI, KATTOOR.P.O., KALAVOOR, ALAPPUZHA. (DRIVER, RETIRED ON 31.5.2006 FROM ALAPPUZHA). 10. C.D.ANTONY, KATTUNGAL HOUSE, CANAL WARD, ALAPPUZHA. (DRIVER, RETIRED ON 31.1.2000 FROM ALAPPUZHA). 11. A.KAMARUDEEN, NISHALAYAM, PUNNAPRA, ALAPPUZHA. (INSPECTOR, RETIRED ON 30.4.2006 FROM ERNAKULAM). 12. N.SOMAN, PALAMOOTTIL, MUKKAVALACKAL, CHUNGAM, ALAPPUZHA. (CONDUCTOR, RETIRED ON 30.9.2007 FROM ALAPPUZHA). BY ADV. MR.K.K.MANGALANANDAN MR.PRATHEUSH.M.ANAND RESPONDENT(S): --------------- THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O.,THIRUVANANTHAPURAM-23. MR. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS P1 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE RESPONDENT CORPORATION TO THE 1ST PETITIONER P2 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY RESPONDENT COROPORAION TO THE 2ND PETITIONER P3 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 3RD PETITIONER. P4 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE RESPONDENT CORPORATION TO THE 4TH PETITIONER. P5 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE RESPONDENT CORPORATION TO THE 5TH PETITIONER. P6 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 6TH PETITIONER. P7 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 7TH PETITIONER. P8 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 8TH PETITIONER. P9 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 9TH PETITIONER. P10 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 10TH PETITIONER. P11 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 11TH PETITIONER. P12 TRUE COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 12TH PETITIONER. P13 TRUE COPY OF THE JUDGMENT IN W.A.NO.1845/2008 PASSED BY THIS HONOURABLE COURT DATED 5.9.2008 P14 TRUE COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL) NOS.27713/2008 OF THE HONOURBLE SUPREME COURT OF INDIA DATED 10.9.2010 C.T. RAVIKUMAR, J. ---------------------------- W.P.(C). No.2516 of 2011 ---------------------------- Dated this the 25th day of January, 2011 JUDGMENT The petitioners are the retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). On 13.4.1999, bipartite settlement of pay revision agreement was executed in the Corporation with retrospective effect from 1.3.1997. The contention of the petitioners is that in terms of the provisions under the said settlement, they are entitled to get the pay revision benefits from 1.3.1997. The entitlement of persons like the petitioners to such pay revision benefits in terms of the bipartite settlement dated 13.4.1999 came up for consideration before this Court in a number of writ petitions. In fact, I also had an occasion to consider such an issue in W.P.(C).No. 34325 of 2010 and connected matters. Relying on the earlier decisions of this Court, appropriate directions were issued for disbursement of pay revision benefits flowing from the above mentioned bipartite settlement to the petitioners therein. The contention of the petitioners is that they are entitled to the same benefits in terms of Ext.P13 judgment of this Court which was virtually affirmed by the dismissal of SLP W.P.(C). No.2516 of 2011 2 No.27713/2008 as is obvious from Ext.P14. In fact, all these aspects were considered in W.P.(C)No.34325/2010. The learned standing counsel appearing for the respondent would submit that the entitlement of the petitioners to the benefit of 1997 pay revision based on the above mentioned bipartite settlement could not be disputed in view of the earlier decisions on the issue and therefore, it would be disbursed to the petitioners in terms of directions in W.P.(C).No.34325/2010 and connected matters. In view of the said position obtained in this case, this Writ Petition is disposed of holding that the petitioners are entitled to the arrears of 1997 pay revision effected in the Corporation from 1.3.1997 till 31.10.1999 or the respective date of their retirement, whichever is earlier. The arrears, on account of such pay revision, shall be disbursed to the petitioners 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 within the stipulated time, it would carry interest at the rate of 8.5%. C.T. RAVIKUMAR, JUDGE rkc