High Court Kerala High Court

K.M.Ismail vs The Managing Director on 28 January, 2011

Kerala High Court
K.M.Ismail vs The Managing Director on 28 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2793 of 2011(Y)


1. K.M.ISMAIL,AGED 68,S/O.MOHAMMED,
                      ...  Petitioner
2. S.NARAYANA PILLAI,AGED 68,
3. M.S.VENUGOPALAN,AGED 68
4. C.L.JACOB,AGED 64,S/O.LONAN,
5. V.KARUNAKARAN,AGED 63,S/O.VALLON,
6. P.M.PRABHAKARAN,AGED 63,S/O.GOPALAN
7. T.SETHUNATHAN,AGED 61,S/O.RAGHAVA
8. P.RAJASEKHARAN,AGED 58,

                        Vs



1. THE MANAGING DIRECTOR,KERALA STATE ROAD
                       ...       Respondent

2. THE DISTRICT TRANSPORT OFFICER,

3. THE ASSISTANT TRANSPORT OFFICER,

4. THE ASSISTANT TRANSPORT OFFICER,

                For Petitioner  :SRI.P.JAYAKUMAR

                For Respondent  : No Appearance

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

 Dated :28/01/2011

 O R D E R
                        C.T. RAVIKUMAR, J
          - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
       W.P.(C)Nos. 2793, 2820, 2867, 2927, 2931,
                  2936, 2942 & 2960 OF 2011
          - - - - - - - - - - - - - - - - - - - - - - - - - - - -
         Dated this the 28th day of January, 2011

                          J U D G M E N T

The issue involved in these writ petitions is akin to

the one heard and decided in WP(C) No.34325/2010 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 passed in

WP(C) No.34325/2010 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. In fact,the said judgment was rendered relying on

Exts.P9 and P10 judgments as well. The learned counsel for

the petitioners in these writ petitions submitted that the

petitioners are entitled to get the similar benefits as has been

WPC.2793/20101 & connected
: 2 :

granted in the case of the petitioners in WP(C) No.34325/2010

and connected matters as they are also similarly situated. 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 in view of the bipartite

settlement dated 13.4.1999 executed between the Corporation

and its employees, in terms of the directions in WP(C)

No.34325/2010 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)

jma
//true copy//
//P.A to Judge