R.Kumar v. Thirumalai Vasan

Cont. P(MD)No.365 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.365 of 2020 in W.P.(MD)No.3708 of 2018 R.Kumar ... Petitioner/Petitioner Vs.

Thirumalaivasan, Administrative Officer, Pension Authority, Tamil Nadu State Transport Corporation, Palavan Salai, Chennai - 2.

...Contemnor/Respondent No.1 Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the deliberate and willful disobedience of the order dated 12.11.2019 passed by this Court in Cont.P.(MD)No.1161 of 2018.

Prayer in CONT P(MD). 1161 of 2018 :

Petition filed under section 11 of the Contempt of Courts Act,to punish the respondents for the deliberate and willful disobedience of the order dated on 23.03.2018 passed by this Court in W.P.(MD)No.3708 of 2018.

Prayer in WP(MD). 3708 of 2018 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue pension benefit by way of the representation and by considering the petitioners representation dated 06.02.2018 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Balasubramanian For Respondent : Mr.A.Swaminathan

O R D E R

The petitioner alleges non compliance of the undertaking given by the management in Contempt Petition(MD)No.1161 of 2018. It is not in dispute that in terms of the liberty given by this Court, the petitioner had filed Writ Petition in W.P.(MD)No.9453 of 2020 and the same is still pending.

2.The learned counsel on either side raised contentious issues. In contempt proceedings, it is not possible for this Court to adjudicate them.

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Cont. P(MD)No.365 of 2020 3.Therefore, I grant liberty to the petitioner to file a miscellaneous petition in W.P.(MD)No.9453 of 2020 seeking pensionary benefit and on such petition is being filed, the same will be disposed on merits and in accordance with law.

4. Accordingly, this Contempt Petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 The Administrative Officer, Pension Authority, Tamil Nadu State Transport Corporation, Palavan Salai, Chennai - 2.

Cont. P(MD)No.365 of 2020 in W.P.(MD)No.3708 of 2018 07.10.2020 SCR(CO) KK(13.10.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 1/2