IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 34325 of 2010(M) --------------------------------------- PETITIONER(S): ----------------------- 1. U.J. JOSEPH, (ASSISTANT DEPOT. ENGINEER, KSRTC, REGIONAL WORKSHOP, ALUVA, RETD. ON 30/09/1999), UZHUNNUMKADE, ASOKAPURAM P.O., ALUVA. 2. P.A. KANI BAVA, (CHARGE MAN, KSRTC, THIRUVALLA, RETD.ON 31/05/1997) PUTHEN PARAMBIL, PUZHAVATHIL, CHANGANASSERY, KOTTAYAM. 3. C.A. FRANCIS, (DRIVER, KSRTC, CHANGANASSERY,RETD.ON 30/04/1997) CHETTACKAD, KURISHUMOOD P.O.,CHANGANASSERY, KOTTAYAM. 4. M.A. JOSEPH, (INSPECTOR, KSRTC, KOTHAMANGALAM, RETD ON 31/10/1998) MAPPANIKKATTU HOUSE, ADIMALY P.O., IDUKKI. 5. K. MADHAVAN,(CHIEF TRAFFIC MANAGER, KSRTC CHIEF OFFICE, RETIRED ON 30/06/1999),TC.40/977, PARAMESWARA BHAVAN, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM- 6. M.S. GOPALAKRISHNAN NAIR, (INSPECTOR, KSRTC, PONKUNNAM, RETIRED ON 30/09/1997) PEZHATHOLIL MADAM, KADAYANIKADU P.O., (VIA) KANGAZHA, KOTTAYAM. 7. B. SUSEELAN NAIR, (WORKS MANAGER, KSRTC, REGIONAL WORKSHOP, ALUVA, RETIRED ON 30/06/1999) RENJINI, ETTUMANOOR, KOTTAYAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): -------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM- BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, ALONG WITH WPC NO. 34604 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 34325 of 2010(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FREE PASS ISSUED TO THE 1ST PETITIONER, DATED NIL. EXT.P1A: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER, DATED NIL. EXT.P1B: COPY OF THE FREE PASS ISSUED TO THE 3RD PETITIONER, DATED NIL. EXT.P1C: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER, DATED NIL. EXT.P1D: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER, DATED NIL. EXT.P1E: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER, DATED NIL. EXT.P1F: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER, DATED NIL. EXT.P2: COPY OF THE JUDGMENT IN WRIT APPEAL NO.1845/2008 DATED 05/09/2008. EXT.P3: COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL) NOS.27713/2008 OF THE HONOURABLE SUPREME COURT OF INDIA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos.34325/2010, 28482/2008, 37345/2010, 30104/2010, 17702/2010, 35944/2010, 36024/2010, 35324/2010, 38041/2010, 22039/2008, 34604/2010, 36812/2010, 33036/2008, 35056/2010, 29423/2008, 29961/2010, 27915/2010, 35314/2010, 33100/2010, 36899/2010, 33065/2008, 28774/2010, 33351/2010, 37917/2010 & 434/2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2011 J U D G M E N T This bunch of writ petitions pose similar issue for consideration. The petitioners in all these writ petitions are retirees from the Kerala State Road Transport Corporation (for short 'Corporation'), the common respondent in all these writ petitions. They have retired from its service on diverse dates. Since, common grievances based on common facts involved in these writ petitions they are being disposed of by this common judgment. 2. Admittedly, on 13.4.1999 a bipartite settlement was executed between the Corporation and its employees. Obviously, it is an agreement executed in terms of the provisions under Section 18(3)(d) of the Industrial Disputes Act, 1947. The relevant clause thereunder for the purpose of WPC.Nos.34325 and connected : 2 : deciding the issue involved in these cases reads thus:- “Pay revision arrears with effect from 1.3.1997 or opted date of any, will be credited to provident fund for a period of four years. Advances in respect of this amount from Provident Fund will be allowed only after that period. The I and II interim Relief reckoned for fixation will be deducted from the arrears since the same are reckoned notionally for fixation alone. In case of retiring employees the arrears will be released at the time of retirement. (emphasis added) Essentially, the grievance of the petitioner is with respect to the delay in the matter of disbursement of the arrears of pay revision to which they are entitled in terms of the aforesaid provision in the bipartite settlement from 1.3.1997 to 31.10.1999. The petitioners in certain writ petitions got a further grievance with respect to the implementation of the pay revision benefits only with effect from 1.12.2000. According to them those persons who retired on or after 1.3.1997 till 1.11.1999 were to be given the pension at the enhanced rate. According to them they are also entitled to get the pensionary benefits at the revised rate with effect from their respective date of retirement. 2. I have heard learned counsel appearing for the petitioners as also the learned standing counsel for the respondents. WPC.Nos.34325 and connected : 3 : 3. At the very outset, it is to be noted that there is absolutely no dispute regarding the rights and liabilities flowing from the aforesaid bipartite settlement dated 13.4.1999. As already noticed hereinbefore, essentially two issues crop up for consideration in these writ petitions. The first issue is with respect to the entitlement of the petitioners and similarly situated pensioners of the Corporation to get arrears of pay revision from 1.3.1997 to 31.10.1999 and the second issue is with respect to their entitlement to revised monthly pension, DCRG, Commuted value of pension from the date of their respective retirement. Both the issues are no more contentious as they were virtually decided in favour of the petitioners by this Court at the instance of similarly circumstanced pensioners from the Corporation. In the subject matter of entitlement of the retirees from the Corporation to arrears of pay revision from 1.3.1997 to 31.10.1999, a batch of writ petitions were filed earlier, and that culminated in Ext.P9 judgment referred to in WP(C) No.22039/2008,viz., judgment in WP(C) No.29276/2006 and connected matters. Taking note of the interests of the parties this Court issued a direction with a view to safeguard their WPC.Nos.34325 and connected : 4 : interests as hereunder:- “However, I am of the view that the interests of the parties can be served by passing an order to the effect that before executing a new agreement between the KSRTC and its employees, the obligation arising out of the earlier agreement in the matter of disbursement of the pay revision arrears should be discharged. Therefore, these writ petitions are disposed of making it clear that the petitioner KSRTC shall disburse the pay revision arrears at least before the finalization of a fresh agreement between the KSRTC and its employees.” The said common judgment was taken up in appeal. The Writ Appeals arising out of the said common judgment were disposed of as per Ext.P2 judgment referred to in WP(C) No.34325/2010 viz., in W.A No.1845/2008 and connected matters. The Division Bench observed that there is no reason to interfere with Ext.P9 judgment referred above. However, at the same time a rider was put on the direction curtailing the right to execute new agreement of the learned single judge as per Ext.P9 judgment. Accordingly, those writ appeals were disposed of as hereunder:- “We see no ground to interfere with the same. However, we make a rider that petitioners can enter into a new settlement but that shall not be implemented before the entire arrears on the basis of settlement are paid to the retired employees.” (emphasis supplied) Ext.P2 common judgment referred above, was challenged by WPC.Nos.34325 and connected : 5 : filing Special Leave Petition(C) No.27713/2008 before the Hon'ble Apex Court. However, as per Ext.P3 judgment the same was also dismissed. With respect to the entitlement of the retirees to the revised pension between the period from 1.3.1997 and 31.10.1999 and other pensionary benefits the said issue was decided in favour of the retirees as per Writ Appeal No.483/01. After considering the rival contentions the Division Bench declared that the employees of the Corporation retired between the period from 1.3.1997 and 31.10.1999 are entitled not only to the revised monthly pension but also to other pensionary benefits such as DCRG, commuted value of pension etc., at the revised rate. Further it was held that the Higher Division Officers are also entitled to revised scale of pay and allowances with effect from 1.3.1997 and not with effect from 1.1.1999 and that the arrears should be disbursed on the basis of the general direction given by this Court in the case of retired employees of the Corporation. Admittedly, the reference is about the directions in WA 289/2001. 4. The learned counsel for the petitioner in WP(C) No.34325/2010 submitted that pursuant to judgment in WPC.Nos.34325 and connected : 6 : W.A.No483/2001, the DCRG and commuted value of pension at the revised rate were paid to the petitioners therein. The learned Standing Counsel appearing for the respondents admitted that the issues involved in these writ petitions are already decided by the decisions referred supra and they have become final. Therefore, what remains to be considered is only whether the petitioners are entitled to benefits of those decisions. The petitioners are admittedly, similarly situated to those petitioners in those writ petitions referred above. No reason whatsoever was brought to my notice to deny them such benefits. Accordingly, in view of the judgments referred above it is declared that the petitioners herein are entitled to get arrears of pay revision from 1.3.1997 to 31.10.1999 in terms of the bipartite settlement dated 13.4.1999. In view of the judgment in W.A No.483/2001 those among the petitioners who retired between 1.3.1997 and 31.10.1999 are also entitled to get the revised monthly pension and also the other pensionary benefits such as DCRG and commuted value of pension at the revised rate. In view of the above discussions these writ petitions are disposed of as hereunder:- WPC.Nos.34325 and connected : 7 : The respondent shall disburse the arrears of pay revision to the petitioners from 1.3.1997 to 31.10.1999, in terms of the directions in Ext.P9 judgment referred to in WP(C) No.22039/2008 in the light of Ext.P2 judgment(in WP(C) 34325/2010) expeditiously, at any rate, within a period of six months from the date of receipt of copy of this judgment. Those among the petitioners who retired from the service of the Corporation between 1.3.1997 and 31.10.1999 shall also be disbursed with the revised monthly pension and also other pensionary benefits in terms of the judgment in W.A No.483/2001, if not already disbursed, within the above stipulated time. Needless to say, such payments are to be effected in terms of the bipartite settlement dated 13.4.1999 as held in those decisions. Taking into account the fact that the petitioners have retired from the service of the Corporation about a decade or thereabouts and that despite the judgment referred above they are still to be paid it is made clear that no further extension of time will be granted in this matter. In case of failure on the part of the respondents to disburse the benefits to the petitioners as directed above within the stipulated time the amount payable to each of the WPC.Nos.34325 and connected : 8 : petitioners would carry interest @8.5% per annum. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge