V.Mani v. Shivalingam

Cont. P. (MD) No.129 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.129 of 2022 in W.P.(MD) No.12173 of 2021 V.Mani ... Petitioner/Petitioner Vs.

1.Thiru Shivalingam The General Manager, The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.K.Bhama The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, 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 19.07.2021 in W.P.(MD) No.12173 of 2021. Prayer in WP(MD). 12173/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-12. To issue a Writ of Mandamus, directing the respondents to pay the petitioner interest at the rate of 18 percentage per annum, for the period of delay from 01.05.19 to 24.01.21, in paying the amounts paid towards the terminal and pension benefits of the petitioner namely EPF Employees Contribution, Gratuity, Encashment of Earned/Sick Leaves and Commutated Value of Pension, within a time frame as may be fixed by this Honble Court and without affecting his right to claim balance amounts towards those benefits and thus render justice. For Petitioner : Mr.S. Arunachalam For Respondents : Mr.J.Senthil Kumaraiah

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P. (MD) No.129 of 2022 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 (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK/RM To 1.The General Manager, The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

Cont. P. (MD) No.129 of 2022 in W.P. (MD) No.12173 of 2021 24.02.2022 SJ(CO) KB(04.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2