IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 11899 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ 1. A.R.CHANDRAN,INSPECTOR(RETD.30.06.06), PONKUNNAM UNIT,AMBATTUPARAMBIL HOUSE, KAVUMBHAGAM.P.O,CHERUVALLY,KOTTAYAM. 2. V.K.SREEHARSHAN,INSPECTOR (RETD.31.05.07 PONKUNNAM UNIT,VARAMBANAL HOUSE,KANNIMALA.P.O, IRUMBANNIKKARA,ERUMELI. 3. C.P.RAJU,VEHICLE VEHICLE SUPERVISOR (RETD 31.10.07),PONKUNNAM UNIT,MANGALATHU HOUSE, PONKUNNAM,KOTTAYAM. 4. K.K.RAVEENDRAN,ASSISTANT DEPOT ENGINEER (RETD.30.04.06),REGIONAL WORKSHOP,MAVELIKKARA, VARAPPALLIL HOUSE,ANIKADU.P.O,KOTTAYAM. 5. P.G.PANKAJAKSHAN NAIR,MECHANIC (RETD.31.03.07),PALA UNIT,PLAKUZHIYIL HOUSE, CHAMPAKKARA.P.O,KOTTAYAM. 6. P.R.VASUDEVAN NAIR,MECHANIC (RETD.31.10.06),PALA UNIT,PAZHYATHU HOUSE, ELAMPALLY.P.O,KOTTAYAM. BY ADV. SRI.P.P.SOMAN NAIR 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. sts -2- -2- WP(C)NO.11899/2011 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA. 6. THE WORKS MANAGER,REGIONAL WORKSHOP KERALA STATE ROAD TRANSPORT CORPORATION, MAVELIKKARA. R1 TO R6 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, ALONG WITH WPC NO.11967 OF 2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 11899, 11967, 12020 & 12207 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of April, 2011 J U D G M E N T The petitioners in all these writ petitions are retirees from the service of Kerala State Road Transport Corporation, on various dates. The grievance pertains to the non-disbursement of 1997 pay revision benefits and also the non-disbursement of pension arrears from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008. Indisputably, the entitlement to the benefits flowing from the bipartite settlement dated 13.4.1999 viz., the arrears of pay and pension depends upon the date of retirement. Those who retired on or before 31.10.1999 would be entitled to arrears of pay and pension based on the said settlement and those retired on or after 1.11.1999 would be entitled only to arrears of pay revision thereunder. At the instance of similarly situated retirees from the service of the Corporation I had occasion to consider the claims for the benefits in terms of the bipartite settlement dated 13.4.1999 in WP(C) No.34325/2010 WPC.No.11899/2011 and connected : 2 : and connected cases. 2. In terms of the common judgment in WPC No.34325/2010 and connected matters, these writ petitions are disposed of with a direction to the respondents to quantify the benefits flowing from the bipartite settlement dated 13.4.1999 taking note of the date of retirement of each of the petitioners. The amount payable to the petitioners shall be quantified and disbursed within a period of six months from the date of receipt of copy of this judgment. In case of failure on the part of the respondent to effect payment within the above stipulated time the amount payable to each of the petitioners shall carry interest @ 8.5% per annum. As already noticed hereinbefore, some of the petitioners got a further claim for pension arrears from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008. The issue is covered in favour of such claimants by the decision of a Division Bench in Writ Appeal No.210/10. Therefore, there will be a further direction to the respondents to consider the claim of the petitioners for arrears of pension from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008 and in the light of WPC.No.11899/2011 and connected : 3 : the judgment in W.A No.210/10 expeditiously. At any rate, such quantification and disbursement shall be effected within a period of one month from the date of receipt of copy of this judgment, to those petitioners who are eligible and entitled for the said benefit. In case of failure on the part of the respondents to effect payment those eligible petitioners shall be paid interest @ 6% from 1.6.2009, for the amount due. These writ petitions are disposed of, accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge