Tamilnadu State Transport Corporations v. B.Chanramohan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 27-09-2022
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE C.SARAVANAN Contempt Petition No.53 of 2020 Tamilnadu State Transport Corporations Retired Administrative and Technical Supervisory Staff Welfare Association ...
Petitioner -vs1.Mr.B.Chanramohan, Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.
2.Mr.S.Krishnan, Secretary, Finance Department, Fort St.George, Chennai-600 009.
3.Mr.R.Thirupathy Venkadasamy, The Principal Accountant General (A&E), Tamil Nadu, Teynampet, Chennai - 18.
2/8 4.Ms.K.Bhama, The Administrator, TNSTC Employees Pension Fund Trust, Pallavan House, Anna Salai, Chennai - 600 002.
5.Mr.K.Elangovan, State Express Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.
6.Mr.A.Anbu Abraham, TNSTC (Salem) Ltd., No.12, Ramakrishna Salai, Salem.
7.Mr.R.Muthukrihnan, TNSTC (Villupuram) Ltd., Villupuram.
8.Mr.A.Anbu Abraham, TNSTC (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.
9.Mr.R.Ponmudi, TNSTC (Trichy) Ltd., Trichy.
3/8 10.Mr.M.A.Murugesan, TNSTC (Madurai) Ltd., Bye-pass Road, Madurai-20 11.Mr.P.Thiruvambalam Pillai, TNSTC (Tirunelveli) Ltd., Vanarapettai, Tirunelveli.
...
Respondents Petition under Section 11 of the Contempt of Courts Act to punish the respondents for wilful disobedience of the order passed in W.P.No.14983 of 2016, dated 14.06.2019.
For Petitioner : Mr.L.Chandrakumar, for Mr.Dinesh.
For Respondents : Mr.John Raja Singh, Addl.Govt.Pleader, for R-1 and R-2 Mr.C.S.K.Sathish, for R-4 Mr.R.Babu, for R-6 and R-11 Mr.M.Aswin, for R-7
ORDER
This Contempt Petition has been filed to punish the respondents for the alleged disobedience of the order passed in W.P.No.14983 of 2016, dated 14.06.2019.
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2. The main contention of the petitioner is that the amount has been quantified as per the Memo filed by the petitioner and that a part of the amount alone has been paid. This has been refuted by the learned counsel for the Corporation, stating that the entire amount has been paid to 20 members out of 25 members of the petitioner association and that with regard to the remaining 5 members, excess amount has been paid, for which notice has been ordered for recovery of the amount, as per the direction of this Court in the writ petition.
3. This Court cannot adjudicate the amount due to the members of the petitioner association. If there is any difference in the amount, it has to be worked out before the appropriate forum and the Contempt Petition cannot be kept as a damocles sword over the head to extract money from the respondents. Hence, we are of the view that the order, dated 14.06.2019, passed in W.P.No.14983 of 2016, has been complied with by the respondents. As already stated, if there is any difference in the amount paid to 20 members, it is open for the petitioner to work out their remedy before the appropriate forum and, with regard to the remaining 5 members, as it is stated that excess amount has been paid, it is open for them to put forth a submission before the respondents to the effect that no excess amount has been paid. Based on the records, it is open to the respondents to recover the amount in terms of the orders of this Court.
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4. In such view of the matter, giving liberty to the parties as above, this Contempt Petition is closed. No costs. Consequently, the connected Sub Application (OS) No.26 of 2021 is closed.
(S.V.N.,J.) (C.S.N.,J.) 27-09-2022 dixit To 1.Mr.B.Chanramohan, Additional Chief Secretary, Transport Department, Fort St.George, Chennai-600 009.
2.Mr.S.Krishnan, Secretary, Finance Department, Fort St.George, Chennai-600 009.
3.Mr.R.Thirupathy Venkadasamy, The Principal Accountant General (A&E), Tamil Nadu, Teynampet, Chennai - 18.
6/8 4.Ms.K.Bhama, The Administrator, TNSTC Employees Pension Fund Trust, Pallavan House, Anna Salai, Chennai - 600 002.
5.Mr.K.Elangovan, State Express Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.
6.Mr.A.Anbu Abraham, TNSTC (Salem) Ltd., No.12, Ramakrishna Salai, Salem.
7.Mr.R.Muthukrihnan, TNSTC (Villupuram) Ltd., Villupuram.
8.Mr.A.Anbu Abraham, TNSTC (Coimbatore) Ltd., No.37, Mettupalayam Road, Coimbatore - 43.
9.Mr.R.Ponmudi, TNSTC (Trichy) Ltd., Trichy.
7/8 10.Mr.M.A.Murugesan, TNSTC (Madurai) Ltd., Bye-pass Road, Madurai-20 11.Mr.P.Thiruvambalam Pillai, TNSTC (Tirunelveli) Ltd., Vanarapettai, Tirunelveli.
8/8 S.VAIDYANATHAN,J.
AND C.SARAVANAN,J.
dixit Cont.Pet.No.53//2020 27-09-2022