IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17172 of 2011(V) ---------------------------------------- PETITIONER(S): ----------------------- 1. GEORGE THOMAS, S/O.THOMAS, NALUTHUNDIL HOUSE, INCHIYANI. P.O, PIN-686 512, VIA. PARATHODE, KOTTAYAM DISTRICT, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.12.2002 FROM ERATTUPETTA). 2. K.A. MOHAMMED KHAN, S/O.ABDUL KHADER, KOCHUPARAMBIL HOUSE, CHITTADY.P.O, PIN-686 512, VIA PARATHODE, KOTTAYAM DISTRICT, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.2.2006 FROM PONKUNNAM). 3. T.M. VISWAMBARAN, S/O.MADHAVAN, THOTTAMCHIRA HOUSE, CHITTADY.P.O, PIN-686 512, VIA PARATHODE, KOTTAYAM DISTRICT, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.7.2007 FROM ERATTUPETTA) 4. R. JAYACHANDRA GIRI,S/O.K.M. RAMAN, 'AJANTHA', PEERUMEDU. P.O, PIN-685 533, IDUKKI DIST, (SUPERINTENDENT,KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2007 FROM KANNUR, PENSION FROM KATTAPPANA) 5. C.R. SABU,S/O RAGHAVAN,'SREELAKSHMI', V.P. SASI ROAD,PALLURUTHY,COCHIN-6,(INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,RETIRED ON 31.3.2011 FROM ERNAKULAM) 6. P.K. ABDUL REHIMAN, S/O.KOCHUPILLA, PUTHUKADAN HOUSE,RAYAMANGALAM. P.O,PIN-683 543, (DRIVER,KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.04.2006 FROM PERUMBAVOOR). 7. G. JAYARAJ,S/O.GOPINATHAN NAIR, PUTHUSSERIL HOUSE, CHOTTANIKKARA.P.O, ERNAKULAM DISTRICT, (DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 FROM ERNAKULAM) WP(C).No. 17172 of 2011(V) 8. T.P. YACOB, S/O.PAILY, THADIKULANGARA HOUSE, MUDAKUZHA. P.O, VIA.VENGOOR, PERUMBAVOOR, (CHARGEMAN, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.12.2007 FROM KOTTARAKARA) 9. P.S. GIRIJAKUMARI, D/O.P.N.SEKHARAN NAIR, KALLARA HOUSE, CHERUKUNNAM, PERUMBAVOOR, (SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 FROM PERUMBAVOOR) 10. A. RASHEED, S/O.A.P.ANATHY, ELAYIDATHU HOUSE, ADOOPARAMBU, MUVATTUPUZHA, (ASST. TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 FROM KUMILY,PENSION FROM MOOVATTUPUZHA, SALARY CARD AT MOOVATTUPUZHA) 11. N.S.SOMAN, NADACKANAL HOUSE, NORTH MARADY, SOUTH MARADY.P.O, MOOVATTUPUZHA. (CHIEF TRAFFIC OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 FROM CHIEF OFFICE, THIRUVANANTHAPURAM. PENSION FROM MUVATTUPUZHA, SALARY CARD AT MUVATTUPUZHA) 12. ABDUL RASHEED. P.O, S/O.FAKIR RAWTHER, KIZHAKKE BHAGAM HOUSE, MUVATTUPUZHA, (ADMINISTRATIVE OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.3.2011 FROM KOZHIKODE, PENSION FROM MUVATTUPUZHA, SALARY CARD AT MUVATTUPUZHA) BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM-695 023. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM-682 011. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERATTUPETTA-691 005. WP(C).No. 17172 of 2011(V) 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM-689 101. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR-670 001. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR-683 54. 7. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTARAKARA-691 506. 8. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KUMILY-695 014. 9. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695 023. 10. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE-689 101. R1 TO R10 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, ALONG WITH WP(C) NO.17167 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17172 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 1ST PETITIONER. EXT.P2: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 2ND PETITIONER. EXT.P3: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 3RD PETITIONER. EXT.P4: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 4TH PETITIONER. EXT.P5: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 5TH PETITIONER. EXT.P6: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 6TH PETITIONER. EXT.P7: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 7TH PETITIONER. EXT.P8: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 8TH PETITIONER. EXT.P9: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 9TH PETITIONER. EXT.P10 COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 10TH PETITIONER. EXT.P11: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 11TH PETITIONER. EXT.P12: COPY OF THE PENSION PASS ISSUED BY THE RESPONDENT CORPORATION TO THE 12TH PETITIONER. EXT.P13: COPY OF THE JUDGMENT DATED 18/02/2011 IN WP(C) NO. 5244/2011 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.17167 & 17172 OF 2011 -------------------------------------------- Dated this the 27th day of June, 2011 JUDGMENT The petitioners in these Writ petitions are retirees from the service of the Kerala State Road Transport Corporation (for short ‘the 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 includes 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 and connected matters. The learned counsel for the petitioners submitted that the claim and entitlement of the petitioners are to be decided in the light of the said W.P.(C)17167 & 17172/2011. 2 decision and also taking note of the bipartite settlement dated 13.4.1999. The learned standing counsel would also endorse the same. In the circumstances, these Writ Petitions are disposed of with a direction to the respondents to consider the entitlement of the petitioners to such benefits with reference to the date of retirement and 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.34325/2010 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. In case of failure on the part of the respondents to disburse the amount payable to each of the petitioners, the said amount would carry interest at the rate of 8.5% per annum. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C)17167 & 17172/2011. 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C)17167 & 17172/2011. 4