IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 3438 of 2011(D) ------------------------------------- PETITIONERS: --------------------- 1. S.PURUSHOTHAMAN NAIR,GOKULAM,PERUVARAM, NORTH PARAVUR(CONDUCTOR,KSRTC, PARAVUR DEPOT- RETIRED ON 31/3/1998). 2. K.G.JOSEPH,KADAVUNGAL HOUSE, NAYARAMBALAM,ERNAKULAM DISTRICT(DRIVER,KSRTC, PARAVUR DEPOT-RETIRED ON 30-4-2003.) 3. C.V.SURENDRAN,CHATTUPADATH HOUSE, PERUMPADANNA,NORTH PARAVUR,ERNAKULAM DISTRICT, (INSPECTOR,KSRTC,PARAVUR DEPOT-RETIRED ON 31-1-2004). 4. P.GOPALAKRISHNAN CHETTIAR, KAMBALATHU HOUSE, NEENDOOR,VADAKKEKARA NORTH PARAVUR,ERNAKULAM DISTRICT (INSPECTOR,NORTH PARAVUR DEPOT-RETIRED ON 31-1-2004). 5. E.P.SASIDHARAN, SREE SYLAM,ERAZHATH HOUSE PARAVOOTHARA,MANNANI P.O,NORTH PARAVUR,ERNAKULAM DISTRICT (INSPECTOR,KSRTC,ERNAKULAM DEPOT-RETIRED ON 31-10-2004). 6. P.G.KRISHNANKUTTY PANICKER, PERUMBODATH HOUSE,KODAMANGALAM,NORTH PARAVUR,ERNAKULAM DISTRICT (STATION MASTER,KSRTC,NORTH PARAVUR DEPOT-RELEASED ON 31-3-2003). 7. M.K.SURESH,MUTHIRAPARAMBIL HOUSE, VADAKKUMPURAM P.O,NORTH PARAVOR,ERNAKULAM, (STATION MASTER, KSRTC,NORTH PARAVUR,DEPOT RETIRED ON 31-12-2005). 8. C.P.JOHN,CHALAMANAMMAL HOUSE, MACHANTHURUTHU,VADAKKEKARA P.O,ERNAKULAM(INSPECTOR, KSRTC,NORTH PARAVUR DEPOT-RETIRED ON 31-12-2005). W.P.(C). NO.3438/2011-D: 9. K.P.JOSEPH,KOCHAPPILLY HOUSE, MANNAM P.O, NORTH PARAVUR,ERNAKULAM DISTRICT, (CONDUCTOR,KSRTC,NORTH PARAVUR DEPOT- RETIRED ON 31-5-2004). 10. T.N.BABU,THEKKUMTHALA VEEDU, AYAMPILLY P.O,ERNAKULAM, (CONDUCTOR,KSRTC,NORTH PARAVUR DEPOT,RETIRED ON 30-4-2005). 11. P.R.ROCKEY,PALLIPARAMBIL HOUSE,PALLIPORT PO,KOCHI,ERNAKULAM DISTRICT(CONDUCTOR,KSRTC,NORTH PARUR DEPOT-RETIRED ON 31-5-2005). BY ADV. SRI.ANANDA RAJAN.N. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT P.O,THIRUVANANTHAPURAM, PIN – 695 023. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KSRTC ,TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM, PIN -695 023. 3. THE PERSONNEL OFFICER(PENSION), KSRTC,TRANSPORT BHAVAN,FORT PO, THIRUVANANTHAPURAM, PIN – 695 023. 4. THE ASST.TRANSPORT OFFICER, KSRTC, NORTH PARAVUR DEPOT. 5. THE DISTRICT TRANSPORT OFFICER, KSRTC,ERNAKULAM DEPOT, PIN – 682 018. R1 TO R5 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 3438 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 J U D G M E N T Petitioners are the retirees from the Kerala State Road Transport Corporation(for short 'Corporation'). They retired from its service on diverse dates. The claim of the first petitioner is for disbursement of arrears of pay and pension. In respect of the other petitioners, their claim is that they are entitled to get the pay revision arrears with effect from 1.3.1997 to 31.10.1999. Based on Ext.P6 judgment of the Division Bench of this Court in Writ Appeal No.1978/2008 and Ext.P8 order of the Hon'ble Apex Court dismissing the Special Leave Petition filed against Ext.P7 judgment this court considered similar claims of similarly situated retirees from the service of the KSRTC in the light of the bipartite settlement dated 13.4.1999. Obviously, they were held entitled to the benefits flowing from the bipartite settlement dated 13.4.1999 in terms of the aforesaid judgments. The learned counsel for the petitioners submitted that the WPC.3438/2011 : 2 : petitioners in this writ petition are also entitled to get the similar benefits as they are also similarly circumstanced. 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondents. The learned standing counsel for the respondents would endorse the contention of the learned counsel for the petitioners that the issues involved in this writ petition are squarely covered in favour of the petitioners. In the said circumstances this writ petition is disposed of with a direction to the respondents to disburse the arrears of pay arising out of 1997 pay revision for the period from 1.3.1997 to 31.10.1999 to all the petitioners except the first petitioner in terms of the bipartite settlement dated 13.4.1999, expeditiously, at any rate, within a period of six months from the date of receipt of a copy of this judgment. The learned counsel for the petitioners submits that in case of the first petitioner he is also entitled to get his pension revised with effect from 1997 and for arrears thereon in terms of the bipartite settlement dated 13.4.1999. The first petitioner has retired from the service of Corporation on 31.3.1998. The entitlement of similar persons have been considered in WPC No.34325/2010 and connected matters. In WPC.3438/2011 : 3 : the light of the said decision, I am of the considered view that the petitioner is entitled to get arrears of pay revision from 1.3.1997 to 31.3.1998, if not already paid, and also to get his pension revised from 1.4.1998 and arrears of pension revision from 1.4.1998 to 30.11.2000 in terms of the bipartite settlement dated 13.4.1999. Therefore, there will be a direction to the respondents to pay arrears of revision from 1.3.1997 to 31.3.1998, if not already paid and to revise the pension of the first petitioner with effect from 1.4.1998 and to pay the arrears of pension for the period from 1.4.1998 to 30.11.2000 in terms of the bipartite settlement dated 13.4.1999. This shall be done expeditiously, at any rate, within a period of six months. It is made clear that in case on failure on the part of the respondents to disburse the amount payable to the petitioners in terms of the directions in this judgment, the amount payable to each of the petitioners would carry interest @ 8.5% per annum. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge