IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22616 of 2011(B) ---------------------------------- PETITIONER(S): ------------------- 1. M.T.SUGUNAN, MATTATHIL HOUSE, CHENNAM PALLIPURAM, THIRUNALLOOR POST OFFICE, ALAPPUZHA DISTRICT, PIN - 688 557. (DRIVER-RETIRED, CHERTHALA D/R 30.09.2006). 2. P.K.PRABHAKARAN, THONDAL VELI, MAYITHARA POST OFFICE, CHERTHALA, PIN - 688 539. (CHARGEMAN-RETIRED, MAVELIKKARA D/R 31.01.2006 PENSION FROM CHERTHALA). 3. P.S.RADHAKRISHNAN, MEGHA BHAVAN, CHERTHALA POST OFFICE, CHERTHALA, PIN - 688 552 (CONDUCTOR-RETIRED, CHERTHALA D/R 30.09.2002). 4. P.VIJAYAN, CHEMANATH CHIRA, C.M.C.8, CHERTHALA, PIN - 688 584. (CHARGEMAN-RETIRED, CHERTHALA D/R 31.03.2010) 5. N.RAVEENDRANATHAN, CHIRAYIL VEEDU, M.O.WARD, ALAPPUZHA, PIN - 688 001 (PEON-RETIRED, CHERTHALA D/R 31.05.2004). 6. K.M.PURUSHAN, MADEPADATHUNI KART, C.M.C.31, CHERTHALA, PIN - 688 551 (BLACKSMITH -RETIRED, CHERTHALA D/R 31.03.2007). 7. P.MURALEEDHARAN NAIR, KIZHAKKE CHIRA, MARUTHORVATTOM POST OFFICE, CHERTHALA, PIN - 688 545. (MECHANIC -RETIRED, CHERTHALA D/R 31.10.2006). svs .........2/-... ...2... WPC. NO.22616/2011 8. K.P.SOMASUNDARAM, 'PUNCHIRI', AMBIKA MARKET POST OFFICE, VAIKOM, KOTTAYAM, PIN - 686 144. (CONDUCTOR -RETIRED, CHERTHALA D/R 30.06.2005). 9. N.PURUSHOTHAMAN, KARUMAKTHARA NIKARTH, PATTANAKKADU POST OFFICE, CHERTHALA, PIN - 688 553. (MACHINIST - RETIRED, MAVELIKKARA D/R 31.03.2005 PENSION FROM CHERTHALA). 10. T.VARKEY, KIZHAMORIL, KADAVECHOOR, VAIKOM, PIN - 686 144. (MECHANIC - RETIRED VAIKOM D/R 31.03.2004). BY ADV. SRI.T.NICLAVU RESPONDENT(S): --------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023. 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA - 688588. 3. THE MECHANICAL ENGINEER, REGIONAL WORKSHOP, KERALA STATE ROAD TRANSPORT CORPORATION, MAVELIKKARA - 690101. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, VAIKOM - 686144. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, SC., K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22616/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PENSIONER'S PASS NO.04042 ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE PENSIONER'S PASS NO.01591 ISSUED TO THE 2ND PETITIONER. P3: COPY OF THE PENSIONER'S PASS NO.11368 ISSUED TO THE 3RD PETITIONER. P4: COPY OF THE PENSIONER'S PASS NO.11368 ISSUED TO THE 4TH PETITIONER. P5: COPY OF THE PENSIONER'S PASS NO.18901 ISSUED TO THE 5TH PETITIONER. P6: COPY OF THE PENSIONER'S PASS NO.63531 ISSUED TO THE 6TH PETITIONER. P7: COPY OF THE PENSIONER'S PASS NO.11347 ISSUED TO THE 7TH PETITIONER. P8: COPY OF THE PENSIONER'S PASS NO.01646 ISSUED TO THE 8TH PETITIONER. P9: COPY OF THE PENSIONER'S PASS NO.64880 ISSUED TO THE 9TH PETITIONER. P10: COPY OF THE PENSIONER'S PASS NO.05813 ISSUED TO THE 10TH PETITIONER. P11: COPY OF JUDGMENT DATED 05/09/2008 IN WRIT APPEAL NO.1851/2008. P12: COPY OF ORDER IN SPECIAL LEAVE APPEAL (CIVIL)NOS.27713/2008 OF THE HONOURABLE SUPREME COURT OF INDIA. P13: COPY OF JUDGMENT DATED 28/03/2011 IN WPC. NO.9615/2011 RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.22616 OF 2011 ------------------------------- DATED THIS THE 19TH DAY OF AUGUST, 2011 JUDGMENT Petitioners are retired employees of the Kerala State Road Transport Corporation. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents to sanction and disburse the arrears of pay and pension based on 1997 pay revision to the petitioners with interest immediately. According to the petitioners, they are eligible to get arrears of pay revision with effect from 1.3.1997 to 31.10.1999 based on the bilateral agreement dated 13.4.1999 with retrospective effect from 1.3.1997 and implemented on 1.11.1999. 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Corporation. 3..When the matter was taken up for hearing, it is submitted at the Bar that similar petitions filed by similar aggrieved persons, were disposed of by this Court by judgment dated -2- W.P.(C).No.22616/2011 6.1.2011 in W.P.(C).No.34325/2010 and connected cases. In the aforesaid judgment, this Court issued a direction to the Corporation to disburse the arrears of pay revision to the petitioners from 1.3.1997 to 31.10.1999 in terms of the directions in Ext.P9 judgment referred to in W.P.(C).No.22039/2008 and Ext.P2 judgment referred to in W.P.(C).No.34325/2010, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. 4. In the light of the decision taken by this Court in W.P. (C).No.34325/2010, there will be a direction to the respondents to sanction and disburse the arrears 1997 pay revision to the petitioners within a period of six months from today. Following the decision of a Division Bench of this Court in W.A.No.210/2010, this Court further directs that, in case of failure to disburse the benefits to the petitioners as directed above within the stipulated time, the amount payable to each of the petitioners would carry -3- W.P.(C).No.22616/2011 interest at the rate of 6% per annum. Writ Petitions are disposed of as above. HARUN-UL-RASHID, Judge. kcv.