High Court Kerala High Court

V.V.Indira vs The Kerala State Road Transport on 21 January, 2011

Kerala High Court
V.V.Indira vs The Kerala State Road Transport on 21 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2204 of 2011(A)


1. V.V.INDIRA,
                      ...  Petitioner
2. V.A.MOHAMED, S/O.ABDULLA,
3. K.R.RADHAKRISHNAN,
4. P.R.VIJAYAN,
5. K.K.GOPINATHAN,
6. T.L.RAJAGOPALAN,
7. P.P.ABDUL KAREEM,
8. K.V.MADHUSOODANAN PILLAI,
9. S.A.ABDUL GAFOOR,
10. P.M.CHACKO, S/O.MATHAI,

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER,

3. THE MECHANICAL ENGINEER,

4. THE ASSISTANT TRANSPORT OFFICER,

5. THE ASSISTANT TRANSPORT OFFICER,

6. THE ASSISTANT TRANSPORT OFFICER,

                For Petitioner  :SRI.K.P.JUSTINE (KARIPAT)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :21/01/2011

 O R D E R
                          C.T. RAVIKUMAR, J.
                    ---------------------------------
                      W.P.(C).No.2204 OF 2011
                    ---------------------------------
                      Dated 21st January, 2011

                             JUDGMENT

The petitioners are the retirees from the Kerala State Road

Transport Corporation (for short ‘the Corporation’). On 13.4.1999,

bipartite settlement of pay revision agreement was executed in the

Corporation with retrospective effect from 1.3.1997. The contention of

the petitioners is that in terms of the provisions under the said

settlement, they are entitled to get the pay revision benefits from

1.3.1997. The entitlement of persons like the petitioners to such pay

revision benefits in terms of the bipartite settlement dated 13.4.1999

came up for consideration before this Court in a number of writ

petitions. In fact, I also had an occasion to consider such an issue in

W.P.(C).No.34325 of 2010 and connected matters. Relying on the

earlier decisions of this Court, appropriate directions were issued for

disbursement of pay revision benefits flowing from the above

mentioned bipartite settlement to the petitioners therein. The

contention of the petitioners is that they are entitled to the same

benefits in terms of Ext.P11 judgment of this Court which was virtually

affirmed by the dismissal of SLP No.27713/2008 as is obvious from

W.P.(C) No.2204/2011 2

Ext.P12. In fact, all these aspects were considered in W.P.(C)

No.34325 of 2010 and connected matters.

The learned standing counsel appearing for the

respondents would submit that the entitlement of the petitioners to the

benefit of 1997 pay revision based on the above mentioned bipartite

settlement could not be disputed in view of the earlier decisions on the

issue and therefore, it would be disbursed to the petitioners in terms

of directions in W.P.(C).No.34325 of 2010 and connected matters. In

view of the said position obtained in this case, this writ petition is

disposed of holding that the petitioners are entitled to the arrears of

1997 pay revision effected in the Corporation from 1.3.1997 till

31.10.1999. The arrears, on account of such pay revision, shall be

disbursed to the petitioners 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

within the stipulated time, it would carry interest at the rate of 8.5%

per annum.

Sd/-

C.T. RAVIKUMAR
Judge

TKS