IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8341 of 2011(P) -------------------------------- PETITIONER(S): -------------------- 1. P.K.GOPALAN, S/O.KESAVAN, PAPPINISSERY HOUSE, KEEZHILLAM P.O., PIN-683541, (BLACKSMITH,RETIRED ON 31/12/2007 FROM PERUMBAVOOR). 2. P.A.PETER, ELANJIMATTOM, NETTOOR P.O., COCHIN-682013, (VEHICLE SUPERVISOR, RETIRED ON 31/12/2002 FROM ERNAKULAM). 3. M.A.KUNJUMOHAMMED, AZHIKKAKATH HOUSE, NETTOOR P.O., COCHIN-682013, (SERGEANT, RETIRED ON 30/01/2000 FROM ERNAKULAM). 4. O.O.PAILY, OLATTUPURATH HOUSE, EDAVANAKKAD P.O., (CONDUCTOR, RETIRED ON 28/02/2002 FROM PARAVOOR). 5. M.T.JOSE, MAMPILLITHADATHIL HOUSE, CHERUKUNNAM, ASAMANNOOR P.O., PIN-683549, (CHARGEMAN, RETIRED ON 30/11/2008 FROM KOTHAMANGALAM). 6. P.P.CHERIAN, PALATHINKAL, PERUMPILLY, MULANTHURUTHY, (INSPECTOR, RETIRED ON 30/09/2000 FROM ERNAKULAM). 7. K.A.GEORGE, S/O.ABRAHAM, KUNNATHU HOUSE, KEEZHILLAM P.O., (INSPECTOR, RETIRED ON 31/12/2003 FROM PERUMBAVOOR). svs .........2/-... ...2... WPC.NO.8341/2011 8. K.K.JACOB, S/O.KURUVILLA, KEEPPANASSERIL HOUSE, THRIKKALATHOOR P.O., KEEZHILLAM, (INSPECTOR, RETIRED ON 28/02/2003 FROM PERUMBAVOOR). 9. N.P.ULAHANNAN, NJARATHADATHIL HOUSE, POOTHRIKKA P.O., PUTHENCRUZ, (ASSISTANT TRANSPORT OFFICER, RETIRED ON 31/1/2007 FROM KARUNAGAPPALLY AND SALARY CARD AT ERNAKULAM). 10. P.SIVAN, SARASWATHI NIVAS, AROOKUTTY P.O., PIN-688535, (INSPECTOR, RETIRED ON 31/3/2010 FROM ALAPPUZHA). 11. C.N.KUTTAPPAN, S/O.NARAYANAN, CHERUVALLYPPADY, NEDUNGAPRA P.O., PIN-683545, (DRIVER, RETIRED ON 31/12/1999 FROM PERUMBAVOOR). 12. V.A.IBRAHIM, VARIKATTU HOUSE, MUDICKAL P.O., PIN-683547, (DRIVER, RETIRED ON 31/12/1999 FROM PERUMBAVOOR). 13. V.B.IBRAHIM, S/O.BAVA, VANIYAKKATTU, MUDICKAL P.O., PIN-683547, (DRIVER, RETIRED ON 31/12/1999 FROM PERUMBAVOOR). 14. K.K.DAMODARAN, S/O.KUTTAN, KANICHATTU HOUSE, SREEMOOLANAGARAM P.O., (MECHANIC, RETIRED ON 30/09/2004 FROM ERNAKULAM). 15. P.JOSEPRAKASH, S/O.PATHROSE, PULICKAL HOUSE, EZHACKARANAD P.O., PIN-682308, (MECHANIC, RETIRED ON 31/08/2004 FROM ERNAKULAM). 16. V.K.VINAYAKAN,S/O.KARUPPAN, MURUKALAYAM, PANAVALLY P.O.,CHERTHALA, (MECHANIC, RETIRED ON 31/08/2004 FROM ERNAKULAM). BY ADV. SRI.K.P.JUSTINE (KARIPAT) svs ......3/-... ...3... WPC. NO.8341/2011 RESPONDENT(S): --------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. THE DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM - 682 011. 3. THE ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARAVOOR - 670 703. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR - 683 542. 5. THE ASSISTANT TRANSPORT OFFICER, KSRTC, KOTHAMANGALAM - 686 662. 6. THE DISTRICT TRANSPORT OFFICER, KSRTC, ALAPPUZHA - 688 004. BY ADV. SRI. V.V.NANDAGOPAL NAMBIAR, SC., K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.T.RAVIKUMAR, J. ------------------------------- W.P.(C)No. 8341 of 2011 -------------------------------- Dated 17th March, 2011 JUDGMENT The issue involved in this writ petition is akin to the one heard and decided in W.P.(C)No.34325 of 2010 and connected matters. The petitioners are retirees from the service of the Kerala State Road Transport Corporation (for short 'Corporation'). The question to be decided is regarding the entitlement of the petitioners to benefits like salary arrears and pension arrears in terms of bipartite agreement dated 13.4.1999 executed between the Corporation and its employees. Essentially, it would depend upon the date of retirement. Relying on the earlier decision of this Court on the same subject matter, a common judgment was delivered in W.P.(C)No.34325 of 2010 and connected matters directing the respondents to disburse the arrears of salary and pension in view of the above mentioned bipartite settlement dated 13.4.1999. The learned counsel for the petitioners in this writ petition submitted that the petitioners are entitled to get the similar benefits as has been granted in the case of the petitioners in W.P.(C) No.34325 of 2010 and connected matters as the petitioners herein are similarly situated. The learned standing counsel appearing for the respondents submitted that their entitlement depends upon the date of their retirement and it has to be WP(C).No.8341/2011 2 decided in terms of the bipartite settlement dated 13.4.1999 and the decision in W.P.(C)No.34325 of 2010 and connected matters. In view of the said indisputable position obtained in this case, I am inclined to dispose of this writ petition directing the respondents to disburse the benefits payable to the petitioners in this writ petition in view of the bipartite settlement dated 13.4.1999 executed between the Corporation and its employees, in terms of the directions in W.P.(C)No.34325 of 2010 and connected matters. The same shall be done 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 respondents to disburse the benefits within the above stipulated time, the amount payable to the petitioners towards the aforesaid benefits shall carry interest @ 8.5% per annum. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge