S.Suchetha Kumari vs Kerala State Road Transport … on 10 February, 2011

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Kerala High Court
S.Suchetha Kumari vs Kerala State Road Transport … on 10 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4297 of 2011(J)


1. S.SUCHETHA KUMARI,
                      ...  Petitioner
2. N.THARA,
3. M.VASANTHAKUMARI AMMA,
4. K.SUSY MATHEW,
5. B.CHANDRIKA DEVI,
6. B.CHANDRAKUMARI THANKACHY,
7. A.CHANDRAMOHINI,
8. G.LALITHAMBAL,
9. B.MOLLY JOHN,

                        Vs



1. KERALA STATE ROAD TRANSPORT CORPORATION,
                       ...       Respondent

                For Petitioner  :SRI.K.P.RAJEEVAN

                For Respondent  : No Appearance

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

 Dated :10/02/2011

 O R D E R
                     C.T. RAVIKUMAR, J.
              ----------------------------
                   W.P.(C). No.4297 of 2011
              ----------------------------
           Dated this the 10th day of February, 2011

                           JUDGMENT

The petitioners are the retirees from the Kerala State

Road Transport Corporation (for short ‘the Corporation’). On

13.4.1999, bipartite settlement on pay revision was executed

between the Corporation and its employees 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 retirees 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.P2

judgment of this Court which was virtually affirmed by the

W.P.(C). No.4297 of 2011
2

dismissal of SLP No.27713/2008 as is obvious from Ext.P3. In

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

No.34325/2010. The learned standing counsel appearing for the

respondent 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.34325/2010 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 in terms of the bipartite settlement dated

13.04.1999. 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 respondent to

disburse the amount within the stipulated time, it would carry

interest at the rate of 8.5%.

C.T. RAVIKUMAR, JUDGE
rkc

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