IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 3638 of 2008(G) ----------------------------------- PETITIONER(S): ---------------------- 1. T.S.SUBRAMANIAN, (CONDUCTOR, KSRTC, PALA DEPOT, RTD. ON 31.5.2006), GEETHA BHAVAN, PRIYADARSINI NAGAR, THIRUVANCHIYOOR P.O., KOTTAYAM. 2. M.P.FRANCIS, (CONDUCTOR, KSRTC, PALA DEPOT, RTD. ON 31.1.2007), ANOOPVILLA, PURAKKAD P.O., ALAPPUZHA. 3. K.M.CHERIAN, (CONDUCTOR, KSRTC, PALA, RTD. ON 31.5.2007), PUTHEN VELIYIL HOUSE, ETTUMANOOR P.O., KOTTAYAM. 4. P.K.MOHANACHANDRAN, (CONDUCTOR, KSRTC, PALA DEPOT, RTD. ON 31.10.2006),PULICKALKUNNEL, EDAPPALLY P.O., BHARANANGANAM, KOTTAYAM. 5. STEPHEN JOSEPH, (CONDUCTOR, KSRTC, PALA, RTD. ON 30.6.2006), PULICKAL HOUSE, THEKKUMMURY, PULIYANNOOR P.O, KOTTAYAM. 6. V.VENU, (BLACKSMITH, KSRTC, CENTRAL WORKS, RTD. ON 31.1.2003), PANAYIL VEEDU, TC 56/469, NEDUMCAUD, KARAMANA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN SMT.A.R.DEVI RESPONDENT(S): ------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY SRI. JOHNSON. P. JOHN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3638 of 2008(G) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER, DTD. NIL. EXT.P2 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER, DTD. NIL. EXT.P3 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER, DTD. NIL. EXT.P4 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER, DTD. NIL. EXT.P5 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER, DTD. NIL. EXT.P6 - TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER, DTD. NIL. RESPONDENT'S EXHIBITS: EXT.R1(a) - TRUE COPY OF THE REQUEST DATED 20/07/2007 SUBMITTED BY KSRTC TO GOVT. EXT.R1(b) - TRUE COPY OF REPLY DATED 7/5/2008. EXT.R1(c) - TRUE COPY OF THE ORDER DATED 15/09/2007. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.3638 of 2008 ================== Dated this the 24th day of September, 2008. J U D G M E N T The petitioner filed this writ petition seeking direction to the Kerala State Road Transport Corporation to pay arrears on pay revision, terminal leave surrender salary etc. The question of liability of the K.S.R.T.C. to pay those amounts had been decided by this Court in W.P.(C) No. 29909 of 2006 and connected cases as follows: “The Kerala State Road Transport Corporation is the petitioner in all these cases. They are aggrieved by the order passed by the Kerala Lok Ayukta. The issue pertains to the disbursement of the pay revision arrears of retired employees. As per the agreement between the KSRTC and its employees the pay revision arrears are to be credited to the provident fund account of the employees. It is submitted by learned counsel appearing for the respondents that once the amounts are credited to the provident fund account, on retirement the retiring employees are entitled to receive the amount in their provident fund account along with the outstanding interest. There is no dispute with regard to the legal position as submitted by the learned counsel for the respondents. But the submission of the learned Standing Counsel for the KSRTC is that the KSRTC does not have sufficient funds to pay off the amounts. Once the amounts are credited to the provident fund account and that too based on an agreement between the employer and employee, there is no justification in not paying the amounts to the employees on their retirement. At the same time the paucity of funds is also a matter which has to be taken note of, as already observed by the apex court in the case of KSRTC. However, I am of the view that the interests of the parties can be served by passing an order to the effect that before executing a new agreement between the KSRTC and its employees, the obligation arising out of the W.P(C)No.3638 of 2008 - 2 - earlier agreement in the matter of disbursement of the pay revision arrears should be discharged. Therefore, these writ petitions are disposed of making it clear that the petitioner KSRTC shall disburse the pay revision arrears atleast before the finalisation of fresh agreement between the KSRTC and its employees.” In the above circumstances, this writ petition is also disposed of in terms of the said judgment. S.SIRI JAGAN, JUDGE rhs