IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21664 of 2011(G) ------------------------ PETITIONER(S): ------------------------ 1. T.S. MOHANA MALLAN, PUTHUVEETTL, C.M.C.27, CERTHALA POST OFFICE, ALAPPUZHA DISTRICT, PIN-688 524 (DRIVER-RETIRED, CHERTHALA D/R 30-6-2003) 2. K.ALEXANDER, PARAYIL HOUSE, THYCATTUSSERY POST OFFICE, CHERTHALA, PIN-688528, (CONDUCTOR-RETIRED, CHERTHALA D/R 29-02-2000) 3. P.K.ANTONY, PARAYIL HOSUE, THYCATTUSSERY POST OFFICE, CHERTHALA, PIN-688528, (INSPECTOR-RETIRED, CHERTHALA D/R 30-04-2002) 4. K.J.PETER, VALLOVANATTU, CHANDIROOR POST OFFICE, CHERTHALA, PIN-688547 (VEHICLE SUPERVISOR- RETIRED, CHERTHALA D/R 30-04-2003) 5. V.K.RAGHAVAN, SANTHALAYAM, KALOCHIRA, ARYAD SOUTH, ALAPUZHA, PIN-688542, (COACH BUILDER-RETIRED, HARIPAD D/R 31-12-2004) 6. N.SASIDHARAN, DWARAKAPURI, C.M.C. 14, CHERTHALA, PIN-688551, (COACH BUILDER- RETIRED, ALAPPZHA D/R 28-02-2007) 7. T.V. GOPALARISHNAN NAIR, KRISHNA BHAVAN, MUTTATHIPARAMBU POST OFFICE, CHERTHALA,PIN-688572, (CHARGEMAN-RETIRED, CHERTHALA D/R 30-11-2000) 8. C.E. RAVEENDRAN NAIR, PATTARUMADATHIL PALLIPURAM POST OFFICE, CHERTHALA, PIN-688541. (CONDUCTOR-RETIRED, CHERTHALA D/R 30-11-2002) 9. S. MINI, VALIAPARAKKATTU HOUSE, THRICHATTUKULAM POST OFFICE, CHERTHALA, PIN-688581 (W/O. LATE K.K.SADANANDAN, DRIVER, CHERTHALA EXPIRED ON 01-08-2002) ...2/- WP(C).No. 21664 of 2011(G) -2- 10. PRADEEPA SASIDHARAN, PALM LAND, MUHAMMA POST OFFICE, ALAPUZHA, PIN-688525 (W/O. LATE T.S.SASIDHARAN, SR. ASSISTANT CHERTHALA EXPIRED ON 10-04-2004) BY ADV. SRI.T.NIKLAVU RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM-695023. 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA-688588. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA-688001. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, HARIPAD-690514. R1 TO R4 BY ADV. SRI. BABU JOSEPH KURUVATHAZA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 21664 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PENSIONER'S PASS NO. 01578 ISSUED TO THE 1ST PETITIONER. EXT.P2 : COPY OF THE PENSIONER'S PASS NO. 04027 ISSUED TO THE 2ND PETITIONER. EXT.P3 : COPY OF THE PENSIONER'S PASS NO. 08834 ISSUED TO THE 3RD PETITIONER. EXT.P4 : COPY OF THE PENSIONER'S PASS NO. 63518 ISSUED TO THE 4TH PETITIONER. EXT.P5 : COPY OF THE PENSIONER'S PASS NO. 08848 ISSUED TO THE 5TH PETITIONER. EXT.P6 : COPY OF THE PENSIONER'S PASS NO. 08826 ISSUED TO THE 6TH PETITIONER. EXT.P7 : COPY OF THE PENSIONER'S PASS NO. 42987 ISSUED TO THE 7TH PETITIONER. EXT.P8 : COPY OF THE 1ST PAGE OF PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER. EXT.P9 : COPY OF THE FAMILY PENSION PAYMENT ORDER ISSUED TO THE 9TH PETITIONER. EXT.P10 : COPY OF THE FAMILY PENSION PAYMENT ORDER ISSUED TO THE 10TH PETITIONER. EXT.P11 : COPY OF JUDGEMENT DATED 5.09.2008 IN WRIT APPEAL NO. 1851/2008. EXT.P12 : COPY OF ORDER IN SPECIAL LEAVE APPEAL (CIVIL) NOS. 27713/2008OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P13 COPY OF JUDGMENT DATED 28.3.2011 IN WRIT PETITION NO.9615/2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21664 Of 2011 ---------------------- Dated this the 9th day of August, 2011. J U D G M E N T Petitioners are retired employees of the Kerala State Road Transport Corporation (for short 'Corporation'). The prayer in the writ petition is for issuance of a writ of mandamus directing the respondent Corporation to sanction and disburse the arrears of pay based on 1997 pay revision with interest immediately. 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 respondent Corporation to disburse arrears of pay revision to the petitioners from 1.3.1997 to 31.10.1999 in terms of the ::2:: W.P.(C).No.21664 Of 2011 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, expeditiously, at any rate, within a period of six months from the date of receipt of a copy of the judgment. 3. In the light of the decision taken by this Court in W.P. (C).No.34325/2010, there will be a direction to the respondent to sanction and disburse arrears of 1997 pay revision to the petitioners within a period of six months from today. Following the decision of a 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 @ 6% per annum. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-