V.Kumaresan v. Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P.(MD)No.148 of 2021 in W.P.(MD)No.7923 of 2020 V.Kumaresan

...Petitioner/ Petitioner

Vs.

1.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.

2.Ganesan, The General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 004.

...Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the Contemnors/Respondents for their willful disobedience of the order passed by this Court in W.P.(MD) No.7923 of 2020 dated 23.07.2020.

Prayer in WP(MD). 7923/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to directing the respondents to pay the Service Surrender Leave Salary amount of Rs.1,26,614 payable to the petitioner for the period from 2010 to 2017 together with 18 percentage interest from the date of his retirement i.e.30.4.2018 to till the date of payment and all other attendant benefits to him within the stipulated period For Petitioner : Mr.A.K.Thangavelu For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel 1/3

ORDER

This Contempt Petition has been filed for the alleged disobedience of the order passed by this Court in W.P.(MD)No.7923 of 2020, dated 23.07.2020.

2.When this Contempt Petition is taken up for hearing today, Mr.J.Senthil Kumaraiah, learned standing counsel appearing for the respondents has submitted that the order in entirety passed by this Court, has been complied with and the total eligible surrender leave salary payable to the petitioner to the extend of Rs.1,26,614/- has been paid and in this regard, he has filed the following memo:

"MEMO FILED BY THE CONTEMNORS/RESPONDENTS In pursuant to the direction issued by this Hon'ble High Court on 23.07.2020 in WP(MD) No.7923 of 2020, the Contemnors/Respondents had settled the eligible Service Surrender Leave Salary amounting to Rs.1,26,614/- to the petitioner/petitioner. The payment details are furnished below:

SI.No Mode of Payment Amount Paid (Rs) 1.

Canara Bank - Ch.No.318551 \ dt.17.03.2021 10,551/- 2.

Canara Bank - Ch.No.318909 \ dt.03.05.2021 1,16,063/- Total amount paid 1,26,614/- Hence, the Hon'ble High Court may be pleased to accept this memo and to close this Contempt Petition."

3.By relying upon such memo, the learned standing counsel appearing for the respondents would submit that in view of the compliance of the order of this Court, this contempt petition may be closed.

4.The said factor is not controverted by the learned counsel appearing for the petitioner.

5.In view of the aforestated, where the order in entirety since has been complied with, this Contempt Petition is closed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) sm/gbg 2/3

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. TO 1.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.

2.Ganesan, The General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul-624 004.

CONT.P.(MD)No.148 of 2021 Dated:

28.10.2021 RK/SKN(17/11/2021) 3P 3C 3/3