C.Subramanian. v. P.W.C Davidar, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.1590 of 2018 C.Subramanian ..

Petitioner -vs1. Thiru P.W.C.Davidar, I.A.S., The Government of Tamil Nadu rep by its Principal Secretary to Government Transport Department Secretariat Chennai 600 009

2. Thiru G.Ganesan The Managing Director Tamil Nadu State Transport Corporation (VPM) Ltd., 3/137, Salamedu, Valuthareddy Post Villupuram 605 602

3. Thiru C.Arumugam The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar House Pallavan Salai Chennai 600 002 .. Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 30.03.2016 made in W.P.No.11857 of 2016.

For Petitioner :: Mr.K.Sathish For Respondents :: Mrs.P.Rajalakshmi Additional Government Pleader for R1 Mr.A.Antony Arockia Raja Standing Counsel for R2 & 3

ORDER

When the matter was taken up, the learned standing counsel for the respondents 2 & 3, filing an undated calculation memo, stated that the entire amount payable by the respondents has been settled to the petitioner. He has further submitted that neither in the affidavit filed in suppport of the writ petition nor in the contempt petition, the petitioner has come forward to mention even one penny that is due under the Social Welfare Scheme. That shows that he is not entitled to any amount under the said head. Secondly, the petitioner claims that the entire amount has not been paid towards leave surrender. On the other hand, the learned standing counsel for the respondents 2 & 3 claims that the entire amount under the head leave liability has been paid. Similarly, under the head of payment towards post retirement benefit fund, the learned standing counsel submitted that the petitioner is not entitled to receive the same.

2. I fully agree with the contentions made by the learned standing counsel for the respondents 2 & 3. When the petitioner has not shown any justifiable reason for claiming the benefit under the heads of post retirement benefit fund and revision of payscales based on the

settlement and the revision of dearness allowance, this contempt petition stands closed giving liberty to the petitioner to workout his remedy before the Labour Court. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2019. 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/27/02/2019