V.P. Elango v. K.Senathipathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Cont.P.Nos.1923 to 1927 of 2018 V.P.Elango ..Petitioner in Cont.P.No.1923 of 2018 M.Chinnaiya ..Petitioner in Cont.P.No.1924 of 2018 M.Kandasamy ..Petitioner in Cont.P.No.1925 of 2018 A.Karuppannan ..Petitioner in Cont.P.No.1926 of 2018 G.Lakshmanan ..Petitioner in Cont.P.No.1927 of 2018 .Vs.

K.Senathipathi, The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode.

.. Respondent in All Cont.Pts.

Common Prayer: Contempt Petitions filed under Section 11 of the Contempt of Courts Act, to punish the respondent wilfully, wantonly disobeying the order of this Court dated 27.07.2017, in W.P.Nos.16354,16352,16351,10039 & 9398 of 2017.

For Petitioner : Mr.I.C.Vasudevan in all Cont.Pts.

For Respondent : Mr.R.S.Selvam in all Cont.Pts.

COMMON ORDER The present Contempt Petitions have been preferred against the order passed by this Court on 27.07.2017, in W.P.Nos.16354,16352, 16351,10039 & 9398 of 2017. The relief granted in the above writ petitions are as follows: "In view of the above, this Court is inclined to follow the earlier directions granted by this Court and by following the terms stated therein. Accordingly, the writ petitions stand disposed of and the respondents are directed to disburse the afore mentioned retiral benefit to the petitioner herein, in six equal monthly installments with effect from September 2017, in the light of the common judgment passed by this Court in W.A (MD) Nos.383 to 457 of 2015 (K.Rajendran and others .Vs. The Tamil Nadu State Transport Corporation, Madurai Limited rep.by its Managing Director, Madurai and others) dated 12.06.2015. It is also made clear that the first installment shall commence from September 2017. No costs".

2.The learned counsel appearing on behalf of the writ petitioners states that the copy of the order has already been communicated to the respondents and subsequently, the respondent-Tamil Nadu State Transport Corporation had settled the retirement and terminal benefits as applicable to the writ-petitioner. However, the interest portion of the amount alone has not been

settled. Thus, the writ petitioners are constrained to move the present contempt petitions.

3.This Court is of an opinion that directions were issued to settle the terminal and pensionary benefits due to the writ-petitioners. However, in respect of the interest and any other left over consequential benefits, shall be sought for by the writ petitioners by way of a fresh representation, and this Court has not directed the respondents to pay interest to the petitioners for the terminal and retirement benefits. This being the factum of the case, it is left open to the writ petitioners to submit a fresh representation in respect of their claims for interest for the belated payments and in the event of submitting any fresh application, the respondents are at liberty to consider the same on merits and in accordance with law.

4.With these observations, the contempt applications stand closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kp //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/11/10/2018 To The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd, Chennimalai Road, Erode Region, Erode one cc to Mr.I.C.Vasudevan, Ar.NO.12477 one cc to Mr.R.S.Selvam Sr.No.12469 one cc to Mr.I.C.Vasudevan, Sr.No.12478