IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16698 of 2011(J) ----------------------------------- PETITIONER(S): -------------------- 1. K.SUKUMARAN NAIR, (CONDUCTOR, KSRTC, NEYYATTINKARA DEPOT, RETIRED ON 31-10-1999),THIRUVONAM, KIZHAKKEKARA, KOTTAKKAL.P.O.,(VIA) PERUMKADAVILA, THIRUVANANTHAPURAM. 2. T.R. DIVAKARAN, (MECHANIC,KSRTC, CHENGANNUR DEPOT, RETIRED ON 31-3-1999), DEEPALAYAM, KEEZHUVALLAM.P.O., CHENGANNUR. BY ADV. SRI.K.P.RAJEEVAN SMT.ACHA RANO MATHEWS.T. RESPONDENT(S): -------------------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.N.NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, ALONG WITH WPC. NO.16736 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.16698/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE IST PETITIONER, DT.D NIL. P2:- COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER DT. NIL. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.16698 & 16736 OF 2011 -------------------------------------------- Dated this the 22nd day of June, 2011 JUDGMENT The petitioners in 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) 16698 & 16736 of 2011 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 respondent to consider the entitlement of the petitioners to such benefits with reference to the date of retirement and 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) 16698 & 16736 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) 16698 & 16736 of 2011 4