IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 11037 of 2011(D) -------------------------------------- PETITIONERS: --------------------- 1. K.M.ABRAHAM, KURAMVILA VEEDU, EZHUKONE P.O., KOTTARAKARA, KOLLAM DISTRICT, (ASSISTANT TRANSPORT OFFICER. KOTTARAKARA DEPOT, RETIRED ON 31/10/2005). 2. N.SADANANDAN, NIRAVUPURAYIDATHIL, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT. (INSPECTOR, PATHANAMTHITTA DEPOT. RETIRED ON 31/3/2002). 3. C.G.ABRAHAM, CHENNATTU HOUSE, MANNARKULANJI P.O., PATHANAMTHITTA DISTRICT. (INSPECTOR, PATHANAMTHITTA DEPOT. RETIRED ON 30/4/2002). 4. K.K.DIVAKARAN, PATHALIL HOUSE, NARANAMUZHI P.O., RANNI, PERINAD, PATHANAMTHITTA DISTRICT. (INSPECTOR, PATHANAMHTITTA DEPOT,RETIRED ON 30/9/2002). 5. O.P.JACOB, OTTUKALLIL HOUSE, VETTIPURAM, THONNIYAMALA P.O., PATHANAMHITTA DISTRCT. (INSPECTOR THIRUVALLA DEPOT RETIRED ON 30/9/2003). BY ADV. SRI.N.SASIDHARAN UNNITHAN. RESPONDENT: ---------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, K.S.R.T.C, THIRUVANANTHAPURAM-695 023. BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.11037 OF 2011 -------------------------------------------- Dated this the 6th day of April, 2011 JUDGMENT The petitioners who are retired employees of the Kerala State Road Transport Corporation (for short 'the Corporation) filed this Writ Petition seeking benefits of upgradation of scale, additional increment contemplated in paragraph XII of the bipartite settlement executed between the Corporation and its employees on 28.11.2008 and also for consequential monetary benefits including arrears of pension in terms of the aforesaid settlement. According to the petitioners, the question with respect to the entitlement of the retirees from the service of the Corporation to such benefits in terms of the bipartite settlement dated 28.11.2008 has been considered and decided in favour of the employees at the instance of similarly circumstanced persons. To support the contentions, the petitioners have produced Ext.P7 judgment in W.P.(C). No.3695/2011. In fact, earlier, I had occasion to consider similar grievances in W.P.(C).No.445/2011. Relying on Ext.P7 and the judgment in W.P.(C).No.445/2011, it is contended that the W.P.(C) NO.11037/2011 2 petitioners are also entitled to get the same benefits flowing from the aforesaid judgments and to get the benefits arising out of the bipartite settlement dated 28.11.2008. Indisputably, the matter in issue has been squarely covered in favour of the petitioners. The learned standing counsel appearing for the respondent would also endorse the same. In view of the said position obtained in this case, this Writ Petition is disposed of with a direction to the respondent to compute the pensionery benefits payable to the petitioners with effect from 1.4.2009 in terms of the bipartite settlement dated 28.11.2008 and to disburse the entire benefits flowing from the same to which the petitioners are entitled in the light of the said settlement, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In case of failure on the part of the respondent to disburse the amount payable to the petitioners in terms of this judgment within the time stipulated above, it would carry interest at the rate of 6% per annum from 1.6.2009. Sd/- (C.T. RAVIKUMAR, JUDGE) spc // true copy// P.A. to Judge. W.P.(C) NO.11037/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.11037/2011 4