IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 2350 of 2011(P) ------------------------------------ PETITIONER(S): ------------------------ 1. P.A.SUDHAKARAN, KATTITHARA HOUSE, CHANDIROOR P.O., CHERTHALA, PIN-688 547. (INSPECTOR, RETIRED ON 28/2/2007 FROM ANKAMALY). 2. P.VELU, KUNNAMPILLY HOUSE, KONNATHUKUNNU P.O,. IRINJALAKUDA, (INSPECTOR, RETIRED ON 31/12/2006 FROM ANKAMALY). 3. P.J.PETER, S/O.JOSEPH, PULIYEZHATH HOUSE, OCHANTHURUTHU P.O., VYPIN, PIN-682 508. (CHARGEMAN, RETIRED ON 30/11/2005 FROM NORTH PARAVOOR). 4. N.P.AYYAPPANKUTTY, S/O.KURIMBAN, NANGADAN HOUSE, ASAMANNOOR P.O., VIA.PERUMBAVOOR. (BLACKSMITH, RETIRED ON 31/8/2006 FROM R/W ALWAYE). 5. K.V.AYYAPPAN, S/O.VELAYUDHAN, KOLLAMPARAMBIL HOUSE, KIDANGOOR, ANGAMALY. (BLACKSMITH, RETIRED ON 31/5/2007 FROM R/W, ALWAYE). 6. O.M.JOSSY, S/O.MICHAEL, OLIPARAMBIL HOUSE, ELAMKUNNAPUZHA, ERNAKULAM. (MECHANIC, RETIRED ON 31/3/2008 FROM NORTH PARAVUR). 7. K.V.AMBROSE, S/O.VAREED KUTTY, KURIYAPARAMBIL, EDAVANAKAD P.O, NORTH PARAVOOR-682 502. (UPHOLSTER, RETIRED ON 31/3/2005 FROM NORTH PARAVOOR). tss W.P.(C) NO.2350/2011 8. K.V.RAPHEL, S/O.VARUDUKUTTY, KOCHAPPILLY HOUSE, KOCHAPPILLY ROAD, PALARIVATTOM, COCHIN-25. (BLACKSMITH, RETIRED ON 31/3/2007 FROM R/W ALWAYE). 9. V.K.PRABHAKARAN PILLAI, S/O.KRISHNA PILLAI VINOD BHAVAN, S.VAZHAKULAM P.O., ALUVA. (BLACKSMITH, RETIRED ON 30/4/2007 FROM R/W, ALWAYE). 10. ASOKAN.M., S/O.T.K.MADHAVAN, THOTTUPURATH HOUSE, AROOKUTTY P.O., CHERTHALA. (CONDUCTOR, RETIRED ON 28/2/2007 FROM CHERTHALA). 11. K.S.KAYI, S/O.MOHAMMED, PATTATHICHIRA HOUSE, VADUTHALA JETTY.P.O., CHERTHALA. (VECHICLE SUPERVISOR, RETIRED ON 31/5/2007 FROM CHERTHALA). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------------------- 1. THE KERALA STATE ROAD TRANSPROT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE ASSISSTANT TRANSPORT OFFICER, KSRTC, ANKAMALY.18 3. THE MECHANICAL ENGINEER, REGIONAL WORKSHOP,KSRTC, ALWAYE. 683 101. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, NORTH PARAVOOR. 683 512 5. THE ASSISTANT TRANSPORT OFFICER, KSRTC, CHERTHALA. 688 520. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 2350 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 J U D G M E N T The petitioners are the retirees from the Kerala State Road Transport Corporation (for short 'the Corporation'). On 13.4.1999, bipartite settlement of pay revision agreement was executed in the Corporation with retrospective effect from 1.3.1997. The contention of the petitioners is that in terms of the provisions under the said settlement, they are entitled to get the pay revision benefits from 1.3.1997. The entitlement of persons like the petitioners to such pay revision benefits in terms of the bipartite settlement dated 13.4.1999 came up for consideration before this Court in a number of writ petitions. In fact, I also had an occasion to consider such an issue in W.P.(C). No. 34325 of 2010 and connected matters. Relying on the earlier decisions of this Court, appropriate directions were issued for disbursement of pay revision benefits flowing from the above mentioned bipartite settlement to the petitioners therein. wpc no.2350/2011 2 The contention of the petitioners is that they are entitled to the same benefits in terms of Ext.P12 judgment of this Court which was virtually affirmed by the dismissal of SLP No.27713/2008 as is obvious from Ext.P13. In fact, all these aspects were considered in W.P.(C)No.34325/2010. The learned standing counsel appearing for the respondent would submit that the entitlement of the petitioners to the benefit of 1997 pay revision based on the above mentioned bipartite settlement could not be disputed in view of the earlier decisions on the issue and therefore, it would be disbursed to the petitioners in terms of directions in W.P.(C).No.34325/2010 and connected matters. In view of the said position obtained in this case, this Writ Petition is disposed of holding that the petitioners are entitled to the arrears of 1997 pay revision effected in the Corporation from 1.3.1997 till 31.10.1999 or the respective date of their retirement, whichever is earlier. The arrears, on account of such pay revision, shall be disbursed to the petitioners within a period of six months from the date of receipt of a copy of this judgment. It is made clear that in case of failure on the part of the wpc no.2350/2011 3 respondent to disburse the amount within the stipulated time, it would carry interest at the rate of 8.5%. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge