Madras High CourtCONT P(MD)/226/2022closed

K.Rajendran, v. Thiruvambalampillai,

2022-02-24Honourable Mr Justice S.M. Subramaniam2 pages

Cont. P.(MD) No.226 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont. P.(MD) No.226 of 2022 in W.P.(MD) No.12412 of 2021 K.Rajendran ... Petitioner/Petitioner Vs.

1.Thiru.Thiruvambalampillai, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

2.Elango, General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

3.K.Bhama The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

... Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors / respondents for wilfully disobeying and not complying with the order of this Honourable Court dated 23.07.2021 in W.P.(MD) No.12412 of 2021. Prayer in WP(MD). 12412/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ, order or direction or any other writ in the nature of a WRIT OF MANDAMUS, directing the Respondents herein to pay the Interest to petitioner at the rate of 12 percentage per annum for the belated payment of Rs.31,94,355/- towards petitioner`s retirement benefits namely Commuted Value of Pension, Provident Fund, Gratuity and Leave Salary from the date of petitioner`s retirement i.e. on 30.04.2020 till the date of full settlement on 02.06.2021 by considering petitioner`s Representation dated 06.07.2021 and within the time frame as fixed by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.J.Senthil Kumaraiah https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P.(MD) No.226 of 2022

O R D E R

Though the learned counsel for the respondents made a submission that the order has been complied with, there are certain objections with reference to the calculation and the eligibility of the petitioner in the matter of settlement of benefits. However, the Courts issued direction to settle the benefits. Calculation cannot be verified by this Court in a Contempt proceedings, as the Contempt proceedings cannot be treated akin to that of the execution proceedings.

2. Under these circumstances, if any other grievance exist regarding wrong calculation or eligibility criteria or otherwise, the petitioner is at liberty to approach the competent authority, by producing all relevant documents and in the event of submitting any such relevant documents or calculation, the same is to be verified by the respondents to ascertain the correctness or otherwise and any other grievance exists, the same may be redressed in the manner known to law.

3. Accordingly, the Contempt Petition stands closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK/RM To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

2.General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Anna Salai, Chennai - 2.

Cont. P. (MD) No.226 of 2022 in W.P. (MD) No.12412 of 2021 24.02.2022 RK(15/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2