IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9044 of 2011(E) ------------------------ PETITIONERS: -------------------- 1. G.GEORGE, KALEEKKAL JACOB BHAVAN, KARICKOM PO, KOTTARAKARA, KOLLAM DISTRICT, (INSPECTOR , KOTTARAKARA DEPOT,RETIRED ON 31/7/2005). 2. K.VIJAYAN PILLAI, KADAKKATHU,KIZHAKKETHIL KUDASSANADU PO, ALAPPUZHA DISTRICT (CONDUCTOR,KAYAMKULAM DEPOT,RETIRED ON 31/5/2002). 3. P.A.JALALUDEEN RAWTHER, PAMPOOTHUNDIL HOUSE, MANGARAM,PANDALAM PO,PATHANAMTHITTA DISTRICT(INSPECTOR , ADOOR DEPOT,RETIRED ON 31/5/2003). BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENTS: ----------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REP.BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM 695 023. BY ADV.SRI. V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, ALONG WITH WP(C).No. 9217 of 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) Nos.9044 & 9217 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2011 J U D G M E N T The petitioners who are retired employees of the Kerala State Road Transport Corporation (for short 'the Corporation'), filed these Writ Petitions seeking benefits of upgradation of scale, additional increment contemplated in Clause XII of the bipartite settlement executed between the Corporation and its employees on 28.11.2008 and also for consequential monetary benefits including arrears of pension in terms of the aforesaid settlement. According to the petitioners, the question with respect to the entitlement of the retirees from the service of the Corporation to such benefits in terms of the bipartite settlement dated 28.11.2008 has been considered and decided in favour of the employees at the instance of similarly circumstanced persons. To support their contentions, the petitioners in both these writ petitions have produced Exhibit P5 and Exhibit P14 judgments in W.P(C) Nos.9044 & 9217 of 2011 -2- W.P.(C).Nos.3695/2011 & 5570/2011, respectively . 2. In fact, earlier, I had occasion to consider similar grievances in W.P.(C).No.445/2011. Relying on Ext.P10 and the judgment in W.P.(C).No.445/2011, it is contended that the petitioners are also entitled to get the same benefits flowing from the aforesaid judgments and to get the benefits arising out of the bipartite settlement dated 28.11.2008. Indisputably, the matter in issue has been squarely covered in favour of the petitioners. The learned standing counsel appearing for the respondents would also endorse the same. In view of the said position obtained in this case, these Writ Petitions are disposed of with a direction to the respondents to compute the pensionery benefits payable to the petitioners with effect from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008 and to disburse the entire benefits flowing from the same expeditiously, at any rate, within a period of one month from the date W.P(C) Nos.9044 & 9217 of 2011 -3- of receipt of a copy of this judgment. In case of failure on the part of the respondents to disburse the amount payable to the petitioners in terms of this judgment within the time stipulated above, it would carry interest at the rate of 6% per annum from 1.6.2009. Sd/- C.T. RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK W.P(C) Nos.9044 & 9217 of 2011 -4- C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P(C) Nos.9044 & 9217 of 2011 -5- f pension in terms of the aforesaid settlement. According to the petitioners, the question with respect to the entitlement of the retirees from the service of the Corporation to such benefits in terms of the Bipartite Settlement dated 28.11.2008 has been considered and decided in favour of the employees at the instance of similarly situated S. SIRI JAGAN JUDGE KRK