IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 19102 of 2011(K) --------------------------------- PETITIONER(S): -------------------- 1. C.N. MOHANAN NAIR, USHAS, KANICHUKULANGARA POST OFFICE, CHERTALA - 688 544, (CHARGEMAN - RETIRED, CHERTHALA D/R 31/01/2O07 2. JOHN V. CHACKO, KADAVACKAL,CANAL WARD, ALAPPUZHA DISTRICT - 688 001. (SPECIAL ASSISTANT, RETIRED CHERTHALA D/R 30/06/2006 3. K. THILAKARAJAN, SUDHI NIVAS, S.N. PURAM POST OFFICE, CHERTHALA, ALAPPUZHA DISTRICT - 688 582 DRIVER RETIRED, CHERTHALA - D/R 31/05/2006 BY ADV. SRI.T.NICLAVU RESPONDENT(S): -------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 3. THE ADMINISTRATIVE OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM - 23. 4. THE DISTRICT TRANSPORT OFFICER,KERALA, STATE ROAD TRANSPORT CORPORATION,CHERTHALA - 688 527. BY ADV. SRI. V.V.NANDAGOPAL NAMBIAR, SC., K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19102/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PENSIONER'S PASS NO.01603 ISSUED TO THE 1ST PETITIONER. P2: COPY OF PENSIONER'S PASS NO.19165 ISSUED TO THE 2NF PETITIONER. P3: COPY OF PENSIONER'S PASS NO.04071 ISSUED TO THE 2ND PETITIONER. P4: COPY OF THE ORDER NO.PA 23/001500/2009 DATED 02/03/2009. P5: COPY OF THE JUDGMENT IN 4839/2011 PRONOUNCED ON 16/02/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 19102 of 2011 --------------------------------------- Dated this the 14th day of July 2011. JUDGMENT Petitioners are retired employees of the Kerala State Road Transport Corporation (for short 'Corporation). The prayer in this writ petition is for a writ of mandamus directing the respondents to sanction and disburse the arrears of pay to the petitioners based on 1997 pay revision with interest within a reasonable time. According to the petitioners, they are eligible to get arrears of pay revision from 1.3.1997 to 31.10.1999 based on the bilateral agreement dated 13.4.1999 with retrospective effect from 1.3.1997 and implemented on 1.11.1999. 2. When the matter was taken up for hearing, it is submitted at the Bar that similar petitions filed by similar aggrieved persons, were disposed of by this Court by judgment dated 6.1.2011 in W.P.(C) No.34325/2010 and connected cases. In the aforesaid judgment, this Court issued a direction to the Corporation to 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 W.P.(C)No.22039/2008 and Ext.P2 judgment referred to in W.P.(C) No.34325/2010, as expeditiously as possible at any rate, within a W.P.(C) No. 19102 of 2011 2 period of six months from the date of receipt of a a copy of this judgment. 3. In the light of the decision taken by this Court in W.P.(C) 34325/2010, there will be a direction to the respondents to sanction and disburse the arrears of 1997 pay revision to the petitioners within a period of six months from today. Following the decision of the Division Bench of this Court in W.A. No.210/2010, this Court further directs that, in case of failure to disburse the benefits to the petitioners as directed above within the stipulated time, the amount payable to each of the petitioners would carry interest at the rate of 6% per annum. Writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al The following corrections are made in the judgment dated 14.07.2011 in W.P.(C) No. 19102/2011. The figure “1997” occurring in the 6th line in page 1 is deleted and substituted as “2006”. The period “1.3.1997 to 31.10.1999” occurring in the 10th line is deleted and substituted as “01.04.2009”. The date “13.4.1999” occurring in the 11th line is deleted and substituted as '28.11.2008”. W.P.(C) No. 19102 of 2011 3 The words and dates “with retrospective effect from 01.03.1997 and implemented on 01.11.1999” occurring in the last sentence in paragraph 1 are deleted. The words “six months” occurring in the 15th line of page 2 and 4th line of page 3 are deleted and substituted as “one month” . and the figure “1997” occurring in the 2nd line of page 3 is deleted and substituted as “2006”. vide order dated 25.08.2011 in I.A. 13804/2011. Sd/- Registrar (Judicial)