IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17044 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------- 1. S.PEETHAMBARAN,PADMA NIVAS,CMC-11, CHERTHALA,NOW RESIDING AT VATHIKATTU KITHATHIL, AVALAKUNNU POST OFFICE,ALAPPUZHA DISTRICT, PIN-688 006.(VEHICLE SUPERVISOR-RETIRED,CHERTHALA D/R 31.01.2004). 2. K.V.JAMES,KAPPITHANPARAMBIL,NAYARAMBALAM, ERNAKULAM,PIN-682 509,(CHARGEMAN-RETIRED, ERNAKULAM D/R 31.03.2011). 3. K.K.DASAN,THUNDIPARAMBIL HOUSE, KOONAMMAVU POST OFFICE,ERNAKULAM-680 562. (CHARGEMAN-RETIRED,ERNAKULAM D/R 31.03.2011) 4. K.KUTTAPPA,KANNARAMBIL HOUSE,KALADY POST OFFICE,MALAPPURAM DISTRICT-679 582. (CHARGEMAN-RETIRED,ERNAKULAM D/R 31.03.2011) 5. M.K.PANKAJAKSHAN,MATTATHIL VELI, MANAPPURAM POST OFFICE,CHERTHALA-PIN-688 588, (DRIVER-RETIRED,CHERTHALA D/R 31.03.2010) 6. K.SASIDHARAN,KALATHIL HOUSE,ERAMALLOOR POST OFFICE,ALAPPUZHA-PIN-680 581(ASST.TRANSPORT OFFICER-RETIRED,KALPETTA D/R 31.10.2005,PENSION FROM CHERTHALA). 7. PHILOMINA FRANCIS,PANGATTU PARAMBIL VEETTIL,PALLURUTHY,KANNAMALY POST OFFICE, CHELLANAM,PIN-682 008.(W/O.LATE FRANCIS,DRIVER, ERNAKULAM-EXPIRED ON 4.07.2002) Kss ..2/- ..2... WPC.NO.17044/2011 E 8. RUKKIYA AZEEZ,RUKKIYA MANZIL HOUSE NO.21 1812 W,ILLATHU NAGAR,PALLURUTHY,KOCHI-6, PIN-682 006.(W/O.LATE R.K.ABDUL AZEEZ-DRIVER,ALUVA EXPIRED ON 20.03.2002) 9. REMA DEVI,MURUGA MANDIR,N.P.ROAD, PALLURUTHY,KOCHI-682 006.(W/O.LATE C.K.RAVI-DRIVER, CHERTHALA EXPIRED ON 5.09.2003) 10. JOYCE GEORGE,A/1075,SATELLITE TOWNSHIP, PADAMUGAL,KAKKANAD WEST-682 030.(W/O.LATE V.GEORGE, CONDUCTOR,ERNAKULAM EXPIRED ON 27.05.2002) 11. SARASA.K.V,PADAKKATTU HOUSE,KEDAMANGALAM N.PARUR,ERNAKULAM,PIN-683 513,(W/O.LATE P.K.MONY, DRIVER,ERNAKULAM EXPIRED ON 11.08.2008) 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 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM--695 023. 3. THE PERSONNEL OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT.P.O,THIRUVANANTHAPURAM -695 023. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM-682 011. 5. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA-688 588. 6. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA-683 103. R1 TO R6 BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17044/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PENSIONER'S PASS NO.24749 ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE PENSIONER'S PASS NO.17131 ISSUED TO THE 2ND PETITIONER. P3: COPY OF THE PENSIONER'S PASS NO.24726 ISSUED TO THE 3RD PETITIONER. P4: COPY OF THE PENSIONER'S PASS NO.02886 ISSUED TO THE 4TH PETITIONER. P5: COPY OF THE PENSIONER'S PASS NO.24779 ISSUED TO THE 5TH PETITIONER. P6: COPY OF THE PENSIONER'S PASS NO.11412 ISSUED TO THE 6TH PETITIONER. P7: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER. P8: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER. P9: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 9TH PETITIONER. P10: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 10TH PETITIONER. P11: COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER ISSUED TO THE 11TH PETITIONER. P12: COPY OF JUDGMENT DTD. 5/09/2008 IN WRIT APPEAL NO.1851/2008. P13: COPY OF ORDER IN SPECIAL LEAVE APPEAL (CIVIL) NOS.27713/2008 OF THE HON'BLE SUPREME COURT OF INDIA. P14: COPY OF JUDGMENT DTD. 28/03/2011 IN WRIT PETITION NO.9615/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. ---------------------------------- W.P.(C)Nos.17044 of 2011 ---------------------------------- Dated 24th June, 2011 JUDGMENT The issue involved in this writ petition is akin to the one heard and decided in W.P.(C)No.34325 of 2010 and connected matters. The petitioners are retirees/widows of retirees from the service of the Kerala State Road Transport Corporation (for short '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 include 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 only to arrears of pay. I have considered the entitlement of similarly situated retirees from the service of the Corporation in W.P.(C)No.34325 of 2010 and connected matters. The learned counsel for the petitioners in this writ petition submitted that the claim and entitlement of the petitioners are to WP(C).No.17044/2011 2 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 appearing for the respondents would also endorse the same. In view of the said indisputable position obtained in this case, I am inclined to dispose of this writ petition directing the respondents 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 retirees involved in this writ petition in the light of the decision of this Court in W.P.(C)No.34325 of 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. It is made clear that in case of failure on the part of the respondents to disburse the amount payable to each of the petitioners within the above stipulated time, the amount payable would carry interest at the rate of 8.5% per annum. Sd/- C.T.RAVIKUMAR Judge TKS