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Madras High CourtCONT P(MD)/63/2020closed

D.John v. B.Chandra Mohan, Ias

2020-02-14Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH in W.P.(MD)No.17618 of 2018 D.John : Petitioner Vs.

1.B.Chandra Mohan, IAS Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2.P.Thiruvambalam Pillai, Managing Director, Tamil Nadu State Transport Corporation(Tirunelveli)Ltd., Corporate Office, V.M.Chathiram, KTC Nagar, Tirunelveli, Tirunelveli Taluk & District-627 003.

3.Aravind, General Manager, Tamil Nadu State Transport Corporation(Tirunelveli)Ltd., Nagercoil Region, Rani Thottam, Kanyakumari District.

4.Bama Administrator (Incharge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai Chennai-600 002.

: Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the contemnors/respondents in accordance with law for their willful disobedience of the order in W.P.(MD) No.17618 of 2018 dated 23.07.2019.

Prayer in WP(MD). 17618/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to revise the pay for the period from 1.9.2016 to 31.10.2016 based on the terms of settlement dated 4.1.2018 entered under Section 12 (3) of Industrial Disputes Act, 1947 and further directing the 1/3

respondents to pay the difference amount in the salary for the period from 1.9.2016 to 31.10.2016 and to pay difference in the retirement benefits including Monthly Pension, Wage Arrears, Gratuity, Leave Salary, commuted Value of Pension, Dearness Allowance and all other attendant benefits payable to the petitioners together with a reasonable rate of interest @6% per annum based on the said settlement.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.R.Rajamohan

ORDER

The learned counsel appearing for the respondents would submit that the petitioner's claim has been considered and the retirement benefits have also been paid to the petitioner and the same has been intimated to the petitioner by a letter dated 27.12.2019. 2.In view of the same, the alleged disobedience cannot be termed as wilful disobedience of the order. Accordingly, this contempt petition stands closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation(Tirunelveli)Ltd., Corporate Office, V.M.Chathiram, KTC Nagar, Tirunelveli, Tirunelveli Taluk & District-627 003.

3. The General Manager, Tamil Nadu State Transport Corporation(Tirunelveli)Ltd., Nagercoil Region, Rani Thottam, Kanyakumari District.

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4.The Administrator (Incharge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai Chennai-600 002.

+1 CC to Mr.R.RAJAMOHAN, Advocate ( SR-6506[F] dated 14/02/2020 ) +1 CC to Mr.N.SUDHAGAR NAGARAJ, Advocate ( SR-6630[F] dated 17/02/2020 ) 14.02.2020 KM/(02.03.2020) 3P 7C 3/3