IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 11TH DAY OF FEBRUARY 2011/22ND MAGHA 1932 WP(C).No. 4424 of 2011 (C) ------------------------------------- PETITIONER(S): ---------------------- 1. V.P. PAVITHRAN,(ASST. DEPOT ENGINEER, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 31-8-1997) PRAVEEN NIVAS, THATHAMPALLI.P.O., ALAPPUZHA. 2. A.R.VENUGOPAL, SUPERINTENDENT, KSRTC, CHERTHALA DEPOT, RETIRED ON 31-12-1997) 'SUDARSANA' MULLAKKAL, ALAPPUZHA-688011. 3. P.K. NANAPPAN, (SERGEANT, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 31-1-98) BIGILI BHAVAN, PARAVOOR.P.O., PUNNAPPRA ALAPPUZHA. 4. K.V.MANI, (DRIVER,KSRTC, ALAPPUZHA DEPOT RETIRED ON 31-5-98) KALATHILPARAMBIL VEEDU, VADIKATTUMUKKU, THATHAMPALLI.P.O., ALAPPUZHA. 5. K.SUKUMARAN,(INSPECTOR, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 30-9-98) ANASWARA, JILLA COURT WARD, THATHAMPALLI.P.O. ALAPPUZHA. 6. R. VIJAYAMMA,(SUPERINTENDENT, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 31-5-2001) ANASWARA, JILLA COURT WARD, THATHAMPALLI.P.O. ALAPPUZHA. 7. M.V.ABOOBACKER, (CONDUCTOR, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 30-11-2003) MAMMOONTE PARAMBIL, PURAKKAD.P.O., ALAPPUZHA. 8. A.MOHAMMED RASHEED, (SENIOR ASSISTANT, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 31-10-2003) ASHIK MANZIL, ALISSERI WARD, ALAPPUZHA. PJ ...2/- ..2.. WP(C).No. 4424 of 2011 (C) ------------------------------------- 9. M.D.SANTHAKUMARAN,(SUPERINTENDENT, KSRTC, ALAPPUZHA DEPOT, RETIRED ON 30-9-1997) SANKARAMANGALAM, PAZHAVEEDU.P.O., ALAPPUZHA-688009. 10. B.KOMALAVALLI(SUPERINTENDENT, KSRTC, CHERTHALA DEPOT, RETIRED ON 31-10-2005) SANKARAMANGALAM, PAZHAVEEDU.P.O., ALAPPUZHA-688009. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): -------------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695023. BY ADV.SRI.V.V.NANDAGOPAL NAMBIAR,SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2011, ALONG WITH WPC.NO.4481/2011,WPC.NO.4470/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 4424 of 2011 (C) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS P1: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT. P2: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER BY THE RESPONDENT. P3: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER BY THE RESPONDENT. P4: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER BY THE RESPONDENT. P5: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER BY THE RESPONDENT. P6: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER BY THE RESPONDENT. P7: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER BY THE RESPONDENT. P8: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER BY THE RESPONDENT. P9: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 9TH PETITIONER BY THE RESPONDENT. P10: COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE 10TH PETITIONER BY THE RESPONDENT. P11: COPY OF THE JUDGMENT DATED 5/9/2008 IN WRIT APPEAL NO.1845/2008, PASSED BY THIS HON'BLE COURT. P12: COPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL)nOS.27713/2008 OF THE HON'BLE SUPREME COURT OF INDIA. RESPONDENTS' EXHIBITS NIL. / TRUE COPY / P.S. TO JUDGE PJ C.T.RAVIKUMAR, J. ------------------------------------------ W.P.(C)Nos. 4424, 4470 & 4481 of 2011 ------------------------------------------ Dated 11th February, 2011 JUDGMENT The issue involved in these writ petitions is akin to the one heard and decided in W.P.(C)No.34325 of 2010 and connected matters. The petitioners are retirees from the service of the Kerala State Road Transport Corporation (for short 'Corporation'). The question to be decided is whether the petitioners are entitled to get the salary arrears and pension arrears in terms of bipartite agreement dated 13.4.1999 executed between the Corporation and its employees. Relying on the earlier decision of this Court on the same subject matter, a common judgment was delivered in W.P.(C)No.34325 of 2010 and connected matters directing the respondents to disburse the arrears of salary and pension in view of the above mentioned bipartite settlement dated 13.4.1999. Depending on the dates of retirement some of the petitioners are entitled to arrears of pension in addition to the arrears of pay and such entitlements are being governed by the bipartite settlement dated 13.4.1999. The learned counsel for the petitioners in these writ petitions submitted that the petitioners are entitled to get the similar benefits as has been granted in the case of the petitioners in W.P.(C) No.34325 of 2010 and connected matters as the petitioners herein are similarly situated. WP(C).No.4424/2011 & connected cases 2 The learned standing counsel appearing for the respondents would also endorse the same. In view of the said indisputable position obtained in these cases, I am inclined to dispose of these writ petitions directing the respondents to disburse the benefits payable to the petitioners in these writ petitions viz., arrears of salary and pension subject to their entitlement under the bipartite settlement dated 13.4.1999 executed between the Corporation and its employees, in terms of the directions in W.P.(C)No.34325 of 2010 and connected matters. The same shall be done 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 benefits within the above stipulated time, the amount payable to the petitioners towards the aforesaid benefits shall carry interest @ 8.5% per annum. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge