S.Ramesh (Staff No.Eao.116) v. Ponmudi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Ramesh

...Petitioner

Vs.

1.Mr.Ponmudim The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Ramakrishna Salai, Salem - 636 007.

2.Mrs.Bhama The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

..Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.43690 of 2016 dated 03.02.2017 as per the Contempt of Courts Act. For Petitioner : Mr.K.Desinghu For Respondent : Mr.R.Babu for R1 Mr.C.S.K.Sathish for R2 1/4

ORDER

This contempt petition has been filed to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.43690 of 2016 dated 03.02.2017 as per the Contempt of Courts Act. 2.This Court passed an order as under:

8.In the light of the above facts and circumstances and also in the light of the earlier orders passed by this Court, the terminal benefits due and payable to the petitioner shall be paid by the respondents in 12 equal monthly instalments with interest at 6% p.a. and the 1st instalment shall commence from April 2017 and to be continuously paid until settling the entire arrears. The respondents shall also pay pension periodically to the petitioner without any default. It is made clear that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the petitioner for non-compliance of undertaking given to this Court. 3.The grievance of the petitioner is that the pensionary benefits are already settled and monthly pension is also being paid to the petitioner. However, the arrears 2/4

of pension is yet to be settled.

4.The learned counsel appearing on behalf of the 2nd respondent Trust made a submission that there is no specific direction to pay any such arrears to the petitioner and all other eligible benefits had already been settled. The learned counsel for the 1st respondent also states that the benefits due to the petitioner had already been settled in his favour and he is receiving monthly pension regularly. While so, if any grievance exists in respect of the payment of arrears or otherwise, the petitioner is at liberty to submit a fresh representation to the competent authority, who in turn shall verify the claim of the petitioner and his eligibility and accordingly, take a decision on merits and in accordance with the rules in force. 5.Accordingly, this contempt petition stands closed. 03.11.2022 Internet : Yes Index : Yes Speaking order ssr To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Ramakrishna Salai, Salem - 636 007.

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S.M.SUBRAMANIAM, J.

ssr 2.The Administrator, Tamil Nadu State Transport Corporation Employees Post Retirement Welfare Fund Scheme, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

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