IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15491 of 2011(J) -------------------------------------- PETITIONERS: --------------------- 1. T.M.MANI, S/O.MADHAVAN, THUNDIYIL HOUSE, ELAMAKKARA P.O., COCHIN - 682 025, (BLACKSMITH, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.9.2008 FROM REGIONAL WORKSHOP, ALWAYE). 2. A.A.BHUVANENDRAN, S/O.APPU, ANASSERIL HOUSE, KADAKKARAPPILLY P.O., PIN - 688 529 (ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.8.2007 FROM CHERTHALA). 3. P.THOMAS, S/O.ULAHANNAN, POOKUNNEL HOUSE, PALAKUZHA P.O., KOOTHATTUKULAM (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.6.2003 FROM MUVATTUPUZHA). 4. C.M.SUKUMARAN, S/O.MADHAVAN, CHATHAMALA HOUSE, PUNCHAVAYAL 504, PUNCHAVAYAL, MUNDAKKAYAM - 686 513. (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 30.4.2006 FROM PALAKKAD) 5. CHANDRAMOHAN K.K., S/O.KUNJAPPAN, MYLADUMKUNNEL HOUSE, 504 COLONY, PUNCHAVAYAL P.O., MUNDAKKAYAM - 686 513, (CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.5.2007 FROM KOTTAYAM) 6. K.N.PADMANABHAN, S/O.NARAYANAN, KIZHAKKEVEETTIL HOUSE, PUNCHAVAYAL P.O., MUNDAKKAYAM - 686 513. (INSPECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 28.2.2007 FROM KUMILY, PENSION FROM PONKUNNAM). BY ADV. SRI.K.P.JUSTINE (KARIPAT) W.P.(C). NO.15491/2011-J: RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM- 23 2. THE MECHANICAL ENGINEER, KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL WORKSHOP, ALWAYE. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MUVATTUPUZHA. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KUMILY. 6. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOTTAYAM. R1 TO R6 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, ALONG WITH W.P.(C).NOS.15495/2011 & 15520/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOs. 15491, 15495 & 15520 OF 2011 -------------------------------------------- Dated this the 9th day of June, 2011 JUDGMENT The petitioners in all these Writ petitions are retirees from the service of the Kerala State Road Transport Corporation (for short ‘the Corporation). They retired from its service on diverse dates. Essentially, the grievance of the petitioners is with respect to the non-disbursement of the 1997 pay revision benefits in terms of the bipartite settlement executed between the Corporation and its employees on 13.4.1999. The benefits of pay revision flowing from the same includes arrears of pay and pension. The entitlement to arrears of pay and pension depends upon the date of retirement. In the case of persons who retired from the service of the Corporation on or before 31.10.1999, they are entitled to arrears of pay and pension. In the case of those who retired from the service of the Corporation on or after 1.11.1999, they are entitled to arrears of pay only. I have considered the entitlement of similarly situated retirees from the service of the Corporation in W.P.(C).No.34325 and connected matters. The learned counsel for the petitioners submitted that the claim and W.P.(C) 15491/2011 & conn. 2 entitlement of the petitioners are to be decided in the light of the said decision and also taking note of the bipartite settlement dated 13.4.1999. The learned standing counsel would also endorse the same. In the circumstances, these Writ Petitions are disposed of with a direction to the respondents to quantify and disburse the benefits payable to the petitioners flowing from the bipartite settlement dated 13.4.1999 taking into account the dates of retirement of the petitioners in the light of the decision of this Court in W.P.(C).No.34325/2010 and connected matters. The quantification and disbursement of the benefits flowing from the said settlement dated 13.4.1999, in the light of this judgment 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 respondents to disburse the amount payable to each of the petitioners, the said amount would carry interest at the rate of 8.5% per annum. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) 15491/2011 & conn. 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) 15491/2011 & conn. 4