IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 6957 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ 1. P.P.SURENDRAN, AGED 57, S/O.PARAMESWARAN, PUZHAKKUNNATH HOUSE, METHALA P.O., KADUNGALLOOR, PIN - 680 669. (CHARGEMAN, RETIRED, KSRTC, ALUVA). 2. U.K.ASHRAF, AGED 57, S/O.KUNJUMARAKKAR, 6/1528, MARTHARDAM PARAMBU, MATTANCHERRY, KOCHI - 682 002. (STORE ASSISTANT, RETIRED, KSRTC, ALUVA). BY ADV. SRI.P.JAYAKUMAR SRI.V.N.MOHANADASAN RESPONDENT(S): --------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM - 695 001. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., ALUVA - 682 002. R1 & R2 BY ADV.V.V.NANDAGOPAL NAMBIAR,SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.6957 of 2011 ---------------------------- Dated 7th March, 2011 JUDGMENT The entitlement of the petitioners for arrears of pay revision in terms of the bipartite settlement dated 13.4.1999 from 1.3.1997 is the issue posed for consideration in this writ petition. The petitioners are the retirees from the service of the Kerala State Road Transport Corporation (for short `the Corporation'). In fact, the entitlement of retirees from the service of the Corporation to the aforesaid benefit has been considered in the light of the earlier decisions on this subject in W.P.(C)No.34325 of 2010 and connected matters. As per the common judgment in W.P.(C).No.34325 of 2010 and connected matters filed by similarly circumstanced persons, the Corporation was directed to disburse the arrears based on 1997 pay revision in terms of the bipartite settlement dated 13.4.1999 executed between the Corporation and its employees. In view of the said position, the learned Standing Counsel appearing for the respondents also endorsed the contention of the learned counsel for the petitioners that the matter in issue has been squarely covered in favour of the petitioners. In view of the said position obtained in this case, the respondents are directed to sanction and disburse the arrears of pay due to the petitioners in this writ petition, WP(C).No.6957/2011 2 based on the bipartite settlement dated 13.4.1999 executed between the Corporation and its employees, in terms of the judgment in W.P.(C) No.34325 of 2010 and connected matters. The amount due shall be disbursed to the petitioners 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 to pay the amount within the above stipulated time, it shall carry interest @ 8.5% per annum. 2. The petitioners also contend that they are entitled to get the arrears of pension from April, 2009 onwards. According to the petitioners, the question of entitlement is squarely covered in their favour by a Division Bench judgment of this Court in W.A.No.210/2010. The learned Standing Counsel for the respondents would contend that the entitlement of the petitioners would be ascertained taking note of the date of retirement of the petitioners and the benefits to which they are entitled would also be disbursed to them. In the said circumstances, the respondents are directed to compute the revised pensionary benefits to which the petitioners are entitled in terms of the bipartite settlement dated 28.11.2008 and based on the finding on that issue to disburse the arrears consequent to such computation, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this WP(C).No.6957/2011 3 judgment. It is made clear that in failure on the part of the respondents to disburse the arrears of pension after ascertaining the entitlement in terms of the directions in this judgment, the amount would carry simple interest at the rate of 6% per annum from 1.6.2009. The respondents shall also continue to pay the petitioners pension at the revised rate. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge