K.Palanichamy v. Thiruvambalam Pillai
Cont. P.(MD) No.177 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.177 of 2022 in W.P.(MD) No.15128 of 2021 K.Palanichamy ... Petitioner/Petitioner Vs.
1.Thiru.Thiruvambalampillai, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai-625016.
2.K.Bama The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
... 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 25.08.2021 in W.P.(MD) No.15128 of 2021. Prayer in WP(MD). 15128/ 2021 :
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 settle interest at the rate of 6 percentage per annum for the belated payment of petitioners terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of Pension and Provident Fund from the date of Petitioner's retirement to till the date on which the said benefits were settled to him and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice For Petitioner : Mr.A.Rahul For Respondents : Mr.J.Senthil Kumaraiah https://hcservices.ecourts.gov.in/hcservices/ 1/2
Cont. P.(MD) No.177 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK/RM To 1.Thiru.Thiruvambalampillai, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai-625016.
2.K.Bama The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
Cont. P. (MD) No.177 of 2022 in W.P. (MD) No.15128 of 2021 24.02.2022 RD(09.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2