Madras High CourtCONT P(MD)/33/2021closed

K. Murugesan v. Ponmudi

2021-03-11Honourable Mr Justice M.S. Ramesh2 pages

Cont P.(MD).No.33 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD).No.33 of 2021 (Through Video Conference) K.Murugesan .. Petitioner/ Petitioner Vs.

1) Shri.Ponmudi, The Managing Director, Tamil Nadu State Transport Corporation(Kumbakonam) Railway Station Road, Kumbakonam, Thanjavur District.

2) Mr.Raj Mohan, The General Manager, Tamil Nadu State Transport Corporation(Kumbakonam), Periyamilaguparai, Trichy-1 .. Contemnors/Respondents PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act 1971, to punish the contemnors / respondents in accordance with law for their willful disobedience of the order in W.P.(MD) No.18523 of 2019 dated 27.02.2020.

Prayer in WP(MD). 18523/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Declaring the action of 2nd and 3rd respondents which having been recovered a sum of Rs.2,90,000/- towards non implementable punishment of increment cut imposed on the petitioner as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to refund the said recovered amount of Rs.2,90,000/- to the petitioner and settle Gratuity, Pension and other retiral benefits together with 6 percent interest payable to him with effect from 30.6.2014 within the stipulated time that may be fixed by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.P.Balasubramanian ****** https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P.(MD).No.33 of 2021

O R D E R

Pursuant to the order of this Court dated 27.02.2020, the learned standing counsel would submit that the petitioner's request has been considered and produced the communication from the respondents dated 02.02.2021. As such, the disobedience alleged in the contempt petition cannot be said to be wilful. In case, if the petitioner intends to challenge the order dated 02.02.2021, it always open to him to do so.

2.With the above liberty the contempt petition stands closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) sts Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

1)The Managing Director, Tamil Nadu State Transport Corporation(Kumbakonam) Railway Station Road, Kumbakonam, Thanjavur District.

2) The General Manager, Tamil Nadu State Transport Corporation(Kumbakonam), Periyamilaguparai, Trichy-1 +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( Sr.10854[F] dated 12/03/2021 ) Order made in Cont P.(MD).No.33 of 2021 11.03.2021 CN(19.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2