P.Prabakaran v. Thiru. P.W.C. Davidar, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Contempt Petition No.1895 of 2018 P.Prabakaran, M.Palaniappan, No.E84, Anna Colony, Vannanthurai, Besant Nagar, Chennai-600090.
.. Petitioner vs.
1.Thiru P.W.C.Davidar, IAS Principal Secretary to Government Transport Department, Fort St.George Chennai - 600 009.
2.Thiru A.Dhanulingam Managing Director Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai Chennai 600 002.
3.Thiru C.Arumugam The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.
.. Respondents Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willful and deliberate disobedience of the order of this Court dated 27.02.2017 made in W.P.No.1332 of 2017 For Petitioner : Mr.D.Veerasekaran For Respondents : Mrs.Rajini Ramadoss
O R D E R
Counter affidait of the second respondent has been filed and the relevant portion of the same is extracted hereunder.
S.No Retirement Benefits Eligible Amount Paid Amount 6% interest Paid Through Gratuity Rs.5,15,409 Rs.5,15,409 Nil - 2.
Difference in Gratuity Rs.56,544 Rs.56,544 (ECS on 13.12.2017) Rs.9128 Cheque No.324059 dated 19.11.2018 3.
Earned Leave Surrender Salary Rs.1,28,746 Rs.1,28,746 Rs.27,037 ECS on 18.09.2018 4.
Pension Commutation Rs.2,51,833 Rs.2,51,833 Nil - 5.
12(3) Settlement Arrears Rs.5,797 Rs.5,797 Nil Nil TOTAL Rs.9,58,329 Rs.9,58,329 Rs.36,165 2.The petitioner has filed rejoinder to the counter affidavit of the respondents / contemnors, giving following calculated amount, as the amount yet to be paid.
S.No Terminal Benefits Actual Amount to be paid Interest at 6% Amount Paid Balance to be Paid Settlement Arrears (Old Pay - Rs.12,740 x 5.5%=Rs.710+Grade Pay Rs.1,900=Rs.2610x2 months) Rs.5220 Rs.310/- Nil Rs.5220 + Int Rs.310/- = Rs.5,530/ - 2.
Commutation Difference (as per the settlement) Basic Pay Rs.13450/- + Grade Pay 4,200/- = Rs.17,650/- Eligible - Rs.2,95,496 - Already Paid Rs.2,51,833 = Rs.43,663/- Rs.43,663 Rs.2620/- Nil Rs,43,663 + int Rs.2,620 = Total 46,283/- TOTAL AMOUNT TO BE PAID Rs.51,813
3. This Court, in the order, which is the subject matter of this Contempt Petition, has directed the respondents therein to settle the retiral / terminal benefits in 12 equal instalments commencing from 01.06.2017 bearing interest at the rate of 6% per annum, and in the event of default, indicated that the interest payable would become 18% per annum and that apart, further directed to pay the monthly pension.
4. In the light of the stand taken by the second respondent in the counter affidavit, this Court is of the considered view that no further orders as to the alleged balance payment indicated in the rejoinder to the counter, filed by the petitioner, need to be ordered to be paid. At this juncture, since the leave of this Court is sought for, to initiate appropriate proceedings to recover the alleged arrears of Rs.51,813/- along with interest, if it is permissible under law, the petitioner is always at liberty to initiate appropriate proceedings for recovery of the said amount. Accordingly, the contempt petition is closed.
SD/- Assistant Registrar (Comm. Cases) KST //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. SD/17/05/2019
To
1. The Principal Secretary to Government Transport Department, Fort St.George Chennai - 600 009.
2.Managing Director Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Salai Chennai 600 002.
3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.