Madras High CourtCONT P(MD)/795/2021closed

V. Raghavasimhan v. Ponmudi

2022-02-17Honourable Mr Justice S.M. Subramaniam2 pages

Cont. P. (MD) No. 795 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont. P. (MD) No. 795 of 2021 in W.P. (MD) No. 5651 of 2020 V.Raghavasimhan ... Petitioner Vs.

1. Ponmudi, Managing Director, Tamil Nadu State Transport Corporation (KMBU) Limited, 27, New Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

2. Venkatraj, Financial Advisor, Tamil Nadu State Transport Corporation (KMBU) Limited, 27, New Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

3. Bhama, Administrator, TNSTC Employees Pension Trust, No.2, Pallavan Salai, Chennai - 600 002.

...Respondents

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for wilful disobedience of order passed by this Honourable Court in 18.03.2020 in W.P. (MD) No. 5651 of 2020.

Prayer in WP(MD). 5651/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To direct the respondents to revised pension benefits and other revised terminal benefits like gratuity arrears, leave salary arrears and pension arrears, etc in the new scale of pay on the base of 7th pay commission with interest as per the court direction at the rate of 6 percentage per annum payable from the date of retirement (31.5.2017) of the petitioner till the date of payment of the said monetary benefits to the petitioner.

For Petitioner : Mr.K.Gokul For Respondents : Mr.P.Balasubramaniam https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P. (MD) No. 795 of 2021

O R D E R

This Court passed an order to settle the terminal benefits due to the writ petitioner who was working in the Transport Corporation.

2. The learned counsel appearing for the respondents made a submission that the terminal benefits due to the petitioner has already been settled by the Management. However, the said calculation is now disputed by the petitioner.

3. If at all there is any dispute with the calculation, it is for the petitioner to approach the Competent Authority for redressal of his grievances. However, the contempt proceedings cannot be treated as akin that of the execution proceedings and further, the order passed by this Court reveals that a direction is given to settle the terminal benefits. Thus, the petitioner is at liberty to pursue the grievances if it exists with the authority.

4. Accordingly, the Contempt Petition stands closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) vji To

1. Ponmudi, Managing Director, Tamil Nadu State Transport Corporation (KMBU) Limited, 27, New Railway Station Road, Kumbakonam - 612 001, Thanjavur District.

2. Venkatraj, Financial Advisor, Tamil Nadu State Transport Corporation (KMBU) Limited, 27, New Railway Station Road, Kumbakonam - 612 001,Thanjavur District.

3. Bhama, Administrator, TNSTC Employees Pension Trust, No.2, Pallavan Salai, Chennai - 600 002.

+1 CC to M/s.P.BALASUBRAMANIAM, Advocate ( SR-7032[F] dated 18/02/2022 ) +1 CC to M/s.SPL GP ( SR-7377[F] dated 21/02/2022 ) Cont. P. (MD) No. 795 of 2021 in W.P. (MD) No. 5651 of 2020 17.02.2022 MGJ(07.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2