Arumugam v. A.Kannan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI in CONT P(MD)No. 2333 of 2023 ARUMUGAM MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, MADURAI REGION,MADURAI.

... PETITIONER/CONTEMNOR Vs A.KANNAN, ... RESPONDENT/PETITIONER Sub Application filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Accept this Affidavit and Dispense with the Personal Appearance before this Honourable Court and purge out of the Contempt.

Prayer in CONT P(MD). 2333/ 2023 :

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to initiate contempt proceedings against the Contemnor/Respondent and punish them for their willful disobedience of the order of the Honourable High Court W.P.(MD). No. 18662/2022 dated 02.03.2023.

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Prayer in WP(MD). 18662/ 2022 :

Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Declaration, declaring the action of the respondents in rejecting or refusing to pay the petitioners revised gratuity, revised earned leave salary and other terminal benefits based on his revised basic pay as on the date of his superannuation/retirement payable to him as per settlement dated 4.1.

2018 earned under section 12(3) of the ID Act and stating that there is no provision or practice to pay the terminal benefits based on the revised basic pay and that the terminal benefits will be paid and settled only based on the actual pay received by him on the date of this retirement as illegal, arbitrary and consequently to direct the respondents to revise his terminal benefits namely gratuity and earned leave salary based on the basic pay payable to him as per settlement dated 04.01.2018 as on the date of his retirement and to pay his difference in gratuity and difference in earned leave salary with 6% interest per annum payable from the date of his retirement to till the date on which the above difference amounts in terminal benefits are settles to him, within a time grame that may be fixed by this Hon'ble Court.

ORDER : This Sub Application coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. S.RAMACHANDRAPRADEEP, Advocate for the petitioner, the court made the following order:- This Petition is ordered and the appearance of the contemnor is dispensed with for the present.

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2. Post the matter on 22.03.2024 for reporting compliance. On that date, if the order is not complied with, the contemnor/s is/are directed to be present before this court.

sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RR TO ARUMUGAM THE MANAGING DIRECTOR , THE TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LT., MADURAI.

ORDER

IN in CONT P(MD)No. 2333 of 2023 Date :15/03/2024 PKP/VR/SAR /20.03.2024/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3