The State Transport v. Braj Kishore Prasad Ias
1 Cont.P.No.3192 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2020 CORAM :
THE HONOURABLE MR.JUSTICE P. VELMURUGAN Contempt Petition No.3192 of 2014 The State Transport and Transport Corporation Retired Employees Welfare Association Rep.by its Secretary 2, Pallavan Salai, Chennai - 600 002.
... Petitioner Vs.
1. Mr.Braj Kishore Prasad, I.A.S., The Secretary, Government of Tamil Nadu Transport (D) Department Fort St.George, Chennai 600 009.
2. Mr. Shanmugam, I.A.S., Finance Department, Govt.of Tamil Nadu Fort St.George, Chennai 600 009.
3. Mr.Rajendran The Administrator Corporations Employees Pension Trust, Thiruvallur Illam,
2 Cont.P.No.3192 of 2014
4. Mr.P.Rajendran The Managing Director Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai 600 002.
5. Mr.T.Rangaraj The Managing Director State Express Transport Corporation, Pallavan Salai,
6. Mr.Swaminathan The Managing Director Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram.
7. Mr.V.Babu The Managing Director, Corporation (Kumbakonam) Ltd., Kumbakonam.
... Respondents Contempt Petition filed under Section 11 of the Contempt of Court Act, praying to punish the respondents for the wilfull and deliberate disobedience and non-compliance to the order of the High Court in W.P.No.276 of 2006 dated 03.12.2012.
For Petitioner : No appearance For Respondent : Mr.M.Elumalai Addl. Govt. Pleader for R1 & R2 Mr.C.S.K.Sathish for R3 & R6 Mr.K.Moorthy for R4 Mr.K.Kathiresan for R5 Mr.D.Raghu for R7
3 Cont.P.No.3192 of 2014
O R D E R
The present Contempt Petition has been filed by petitioner alleging non-compliance of the order of this Court passed in W.P.No.276 of 2006 dated 03.12.2012, in which this Court directed as follows: " 12. Since, already, the amendment is pending for approval before the Government, this Court is not inclined to give any finding regarding the validity or otherwise of the said Rule. But in the considered opinion of this Court, by the retrospective operation of this rule, the accrued right of the petitioners to receive pension cannot be taken away. Consequently, the respondents are directed to extend the benefit of pension for those who went on voluntary retirement between and 01.09.19998 and 15.12.2000. This view is expressed in view of the fact that based on the Rule in question. If the voluntary retirement offered by them had been cancelled and they had been taken back to work, then they would have earned their livelihood. But, pension has been denied to them while voluntary retirement offered has been allowed to continue".
2. Heard the learned Additional Government pleader appearing for the respondents 1 & 2 and the learned counsel appearing for the respondents 3
4 Cont.P.No.3192 of 2014 to 7.
3. Today, when the Contempt Petition is taken up for consideration, the learned Additional Government Pleader appearing for the respondents 1 & 2 and the learned counsel appearing for the respondents 3 to 7 submitted that the above said order of this Court has been complied with by the respondents herein. In proof of which, counter affidavit has been filed by the respondents herein and the same has been produced before this Court. This Court had also gone through the same.
4. Since the said order of this Court has been complied with by the respondents, nothing further survives for adjudication in this Contempt Petition, which is accordingly closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) dpq //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
SMI/30/12/2020
5 Cont.P.No.3192 of 2014 To
1. The Secretary, Government of Tamil Nadu Transport (D) Department Fort St.George, Chennai 600 009.
2. The Secretary, Finance Department, Govt.of Tamil Nadu Fort St.George, Chennai 600 009.
3. The Administrator Corporations Employees Pension Trust, Thiruvallur Illam,
4. The Managing Director Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai 600 002.
5. The Managing Director State Express Transport Corporation, Pallavan Salai,
6. The Managing Director Corporation (Villupuram) Ltd., Vazhuthareddy, Villupuram.
7. The Managing Director, Corporation (Kumbakonam) Ltd., Kumbakonam.