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. 11551 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. V.K.RETNAKUMARY, W/O.LATE P.RAJENDRA PRASAD, (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 20/02/1999),KAITHAVALAPPIL HOUSE, SOUTH ARYAD, AVALOOKKUNNU P.O., ALAPPUZHA. 2. B.VALSALA KUMARY, (W/O.LATE K.S.GOPALAKRISHNA PANICKER, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA, EXPIRED ON 16/8/2000), PUTHENPURA, THEKKEKARA P.O. MANCOMPU, ALAPPUZHA. 3. RADHAMONY GOPI, (W/O.LATE K.V.GOPI, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA EXPIRED ON 9/11/2000), KOCHUPARAMBIL VEETTIL, RAMANKARY, VEZHAPRA P.O., ALAPPUZHA. 4. G.VIJAYAKUMARI, (W/O.LATE T.P.SANTHAPPAN, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA EXPIRED ON 27/12/2000), THAYYIL HOUSE, ARYAD, ALAPPUZHA. 5. G.REMA DEVI, (W/O.LATE T.G.VIJAYAPPAN, CONDUCTOR,KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA EXPIRED ON 1/9/2001), THUNDUPARAMBIL, PAZHAVEEDU P.O., THIRUVAMPADY, ALAPPUZHA. 6. P.RETNAMMA, (W/O.LATE K.T.DHANANJAYA, SELECTION GRADE CLERK, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA EXPIRED ON 1/11/2001), SANTHISREE, VARANAM P.O.,CHERTHALA. Kss ..2/- ..2... WPC.NO.11551/2011 T 7. THRESSIAMMA LONAN, (W/O.LATE C.LONAN, MECHANIC, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA, EXPIRED ON 16/04/2002), CHENNADU HOUSE, THATHAMPALLY, ALAPPUZHA. 8. S.RADHAMONY, (W/O.LATE K.BHARGAVAN NAIR, STATION MASTER, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 9/4/2003), CHIRACKAL HOUSE, THATHAMPILLY P.O., ALAPPUZHA. 9. IRENE GOMEZ, (W/O.LATE BABU GOMEZ, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA,EXPIRED ON 25/12/2003), PARUTHIARA, AVALOOKKUNNU P.O., ALAPPUZHA. 10. ALICE JOHN, (W/O.LATE P.F.JOHN, MECHANIC, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 6/7/2004), PAZHAMPASSERIL HOUSE, KANJIRAMCHIRA, ALAPPUZHA. 11. M.REMA, (W/O.LATE C.CHANDRABABU,CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 31/8/2004), VANMELIL HOUSE, SANAHANAM WARD, ALAPPUZHA. 12. V.K.CHANDRIKA, (W/O.LATE T.V.PANKAJAKSHAN, INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 25/7/2007), THALAYATT HOUSE, VAYALAR, CHERTHALA. 13. N.BALAMANI, (W/O.LATE K.RAVINDRANATH, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 11/10/2007), AMBADIPARAMBU HOUSE, ERAVUKADU, THIRUVAMPADY P.O., ALAPPUZHA. 14. V.VASANTHY, (W/O.LATE A.M.GOPALAKRISHNA KURUP, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION,ALAPPUZHA,EXPIRED ON 17/09/2007), PERAYIL HOUSE, POLLETHAI P.O., S.L.PURAM, ALAPPUZHA. BY ADVS. SRI.K.K.MANGALANANDAN, SRI.PRATHEUSH.M.ANAND. Kss ..3/- ..3... WPC.NO.11551/2011 T 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.11551 OF 2011 -------------------------------------------- Dated this the 8th day of April, 2011 JUDGMENT The petitioners are widows and legal heirs of certain retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). This Writ Petition has been filed on being aggrieved by the inaction on the part of the respondent in disbursing the arrears of pay revision based on 1997 pay revision. The contention of the petitioners is that in the light of bipartite settlement dated 13.4.1999 executed between the Corporation and its employees, the deceased employees were entitled to get arrears of pay revision from 1.3.1997 to 31.10.1999. The entitlement of the retirees to benefits flowing from bipartite settlement dated 13.4.1999 depends upon the dates of retirement. Those who retired from the service of the Corporation on or before 31.10.1999 are entitled to the arrears of pay and pension whilst those who retired on or after 1.11.1999 are entitled only to arrears of pay revision. This Court had occasion to consider the entitlement of certain retirees from the service of the Corporation to the benefits flowing from the aforesaid settlement dated 13.4.1999 in W.P.(C). W.P.(C) NO.11551/2011 2 No.34325/2010 and connected matters. The learned counsel for the petitioners submitted that in the light of the said decision, the deceased employees were entitled to get such benefits flowing from the said settlement. Therefore, being the legal heirs of the deceased employees, the petitioners are entitled to get the benefits flowing from the bipartite settlement dated 13.4.1999 in view of the said common judgment, it is contended. The learned standing counsel for the respondents submitted that their entitlement would be considered in the light of the said judgment and in terms of the said bipartite settlement dated 13.4.1999. 2. In the said circumstances, this Writ Petition is disposed of with a direction to the respondent to quantify and disburse the benefits of pay revision, if any, to which the deceased employees were legally entitled, to the petitioners based on the aforesaid settlement dated 13.4.1999 and also in the light of the judgment in W.P.(C).No. 34325/2010 and connected cases. If ultimately it is found that the deceased employees were entitled to get the benefits flowing from the said settlement, the respondent shall disburse such benefits on obtaining proof of inheritance, to the petitioners. This 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 respondent to disburse the benefits to W.P.(C) NO.11551/2011 3 which the petitioners are entitled within the stipulated time, the amount payable to the petitioners would carry interest at 8.5% per annum. sd/- (C.T. RAVIKUMAR, JUDGE) spc // true copy // P.A. to Judge W.P.(C) NO.11551/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010