IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 29588 of 2008(V) -------------------------------------- PETITIONERS: --------------------- 1. C.V. RAMACHANDRA KURUP, CONDUCTOR (RTD), K.S.R.T.C, CERTHALA, RESIDING AT ELAYIDATHU PARAMBU HOUSE, S.N. PURAM, THIRUVIZHA, CHERTHALA. 2. P.S. SEBASTIAN, MECHANIC (RTD), KSRTC, CHERTHALA, RESIDING AT PARYYAKATTIL HOUSE, CHELLANAM, EZHUPUNNA SOUTH.P.O. 3. P.S. FRACES, MECHANIC (RTD), KSRTC, ERNAKULAM, PAREPARAMBIL, KUSUMAGIRI.P.O, MAPPRANAM, KAKKANADU, ERNAKULAM. 4. K.N. JOSHY, CHARGE MAN (RTD), KSRTC, NORTH PARAVOOR, PALLARU MADAM, MAMANGALAM, PALARIVATTOM.P.O. 5. T.A. THANKAPPAN, MECHANIC (RTD), KSRTC, ERNAKULAM, RESIDING AT ELIAMTHADATHU HOUSE, APPANGAD.P.O, NARAKKAL. 6. E.T. ANTONY, MECHANIC (RTD), KSRTC, CHERTHALA, RESIDING AT ELAVUMKAL HOUSE, THOPPUMPADY, KOCHI-5. 7. P.P. RADHAKRISHNA KAIMAL, STATION MASTER (RTD), CHERTHALA. RESIDING AT KAOUSTHUBHAM, THYCATTUCHERY.P.O., CHERTHALA. BY ADVS. SRI.S.KRISHNAMOORTHY, SRI.T.NIKLAVU. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT-THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. W.P.(C). NO.29588/2008-V: 2. DISTRICT TRANSPORT OFFICER, KSRTC, CHERTHALA. 3. DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM. 4. ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARAVOOR. R1 TO R4 BY SRI.V.V.NANDAGOPAL NAMBIAR,S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, ALONGWITH W.P.(C). NO. 31570/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29588/2008-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.40052 OF THE P.1. EXT.P.1.A: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.29932 OF THE P.2. EXT.P.1.B: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.25903 OF THE P.3. EXT.P.1.C: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.27737 OF THE P.4. EXT.P.1.D: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.34406 OF THE P.5. EXT.P.1.E: COPY OF THE RELEVANT PENSION PAYMENT ORDER OF THE P.6. EXT.P.1.F: COPY OF THE RELEVANT PENSION PAYMENT ORDER NO.36385 OF THE P.7. EXT.P.2: COPY OF THE CLAUSE XXVIII OF MEMORANDUM OF SETTLEMENT DTD. 13/04/1999. EXT.P.3: COPY OF THE LETTER NO. LR8-0233301/97 DTD. 23/04/2004. EXT.P.4: COPY OF THE JUDGMENT IN W.A. 2243/2006 DT. 18/12/2006 OF THIS HONOURABLE COURT. EXT.P.5: COPY OF THE JUDGEMENT IN W.A. 1845/2008 DT. 05/09/2008 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos. 29588of 2008, 31570 of 2008, 9294, 9301, 9388, 9389 & 9415 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 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( for short 'Corporation'). They are aggrieved by the non-disbursement of the arrears of pay revision from 1.3.1997 in terms of the bipartite settlement executed between the corporation and its employees on 13.4.1999. All the petitioners are retirees from the service of the Corporation after 31.10.1999. Therefore, in terms of the bipartite settlement dated 13.4.1999 they are entitled only for arrears of pay in accordance with the conditions in the said bipartite settlement. The entitlement of the retirees from the service of the Corporation to the benefits now claimed by the petitioners have been considered by me at the instance of similarly situated retirees in WPC No. 34325/2010 and connected cases. After such consideration of all the aspects of the issue, this Court issued orders in favour of the retirees holding that WPC.29588 of 2008 and connection : 2 : they are entitled for benefits flowing from the above bipartite settlement. The learned counsel appearing for the respondent would also endorse the contention that the issue in question is squarely covered in favour of the petitioners. In view of the aforesaid position, these writ petitions are disposed of with a direction to the respondents to quantify the amount payable to the petitioners towards the pay revision arrears from 1.3.1997 in terms of the bipartite settlement dated 13.4.1999 and in the light of the judgment in WPC No.34325/2010 and connected matters. Needless to say that such quantification and disbursement shall be effected within six months from the date of receipt of copy of this judgment. In case of failure on the part of the respondents in effecting disbursement within the above stipulated time, amount payable to each of the petitioners would carry interest @8.5% per annum. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge