IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17588 of 2011(W) --------------------------------------- PETITIONERS: --------------------- 1. K.P.GOPINATHAN MARAR, CHIEF TRAFFIC OFFICER (RETD. 28.2.99), KERALA STATE ROAD TRANSPORT CORPORATION, KARAKKATTU, PUTHENPURA HOUSE, METHALA P.O., KURUPPUMPADY. 2. P.PARAMESWARAN, VEHICLE SUPERVISOR (RETD. 31.5.03), KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA, NEDUMPARAMBIL HOUSE, AMAYODE P.O., AMBALAPUZHA. 3. A.P.GOPI PANICKER, TICKET ISSUER (RETD. 31.1.99), KERALA STATE ROAD TRANSPORT CORPORATION, PALA, AMBADI HOUSE, VETTIMUKAL P.O., KOTTAYAM. BY ADVS. SRI.T.M.RAMAN KARTHA, SRI.P.P.SOMAN NAIR. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ALAPPUZHA-688 001. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA-686 575. R1 TO R5 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17588/2011-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PAGE 1 OF PENSION PAYMENT ORDER ISSUED TO THE P.1. EXT.P.2: COPY OF THE PAGE 1 OF PENSION PAYMENT ORDER ISSUED TO THE P.2. EXT.P.3: COPY OF THE ORDER NO. PLB1-054245/98 DTD. 25/01/99 ISSUED TO THE P.3. EXT.P.4: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN W.A. 1845/2008. EXT.P.5: COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP.NO.27713/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------------- W.P.(C)Nos.17588 of 2011 ---------------------------------- Dated 29th 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 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 to arrears of pay only. 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 be decided in the light WP(C).No.17588/2011 2 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 petitioners 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