D.S.Vincent v. Dharmendra Pratab Yadhav
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R. THARANI Cont.P(MD)Nos.570 to 573 of 2020 in W.A.(MD)Nos.1122, 1125, 1124 and 1123 of 2019 D.S.Vincent ... Petitioner /petitioner 3.Kannan.
4.Bhama, ... Contemnors /respondents PRAYER in Cont.P(MD).No.570 of 2020 : Contempt Petition filed under portion of the above said order referred in Para 8-3(b), passed by this Court in W.A(MD).No.1122 of 2019 dated 14.11.2019. 1/6
Cont.P(MD).No.571 of 2020 K.Muruganand ... Petitioner /First Respondent 1.M.A.Murugesan, 2.Kannan.
3.Bhama, : Contemnors /Appellants Prayer in Cont.P(MD).No.571 of 2020: Contempt Petition filed under portion of the above said order referred in Para 9-3(b), passed by this Court in W.A(MD).No. 1125 of 2019 dated 14.11.2019. Cont.P(MD).No.572 of 2020 A.Venkatachalam : Petitioner /First Respondent 2/6
3.Kannan.
4.Bhama, : Contemnors /Appellants Prayer in Cont.P(MD).No.572 of 2020.: Contempt Petition filed under portion of the above said order referred in Para 9-3(b), passed by this Court in W.A(MD).No. 1124 of 2019 dated 14.11.2019. Cont.P(MD).No.573 of 2020 N.Nagendran : Petitioner /petitioner 3.Kannan.
4.Bhama, Thiruvalluvar Illam, Pallvan Salai, : Contemnors / Respondents 3/6
Prayer in Cont.P(MD).No.573 of 2020 : Contempt Petition filed under portion of the above said order referred in Para 8-3(b), passed by this Court in W.A(MD).No.1123 of 2019 dated 14.11.2019. Common Prayer in W.A.(MD)No.1122,1125,1124,1123 of 2019 Writ Appeal are filed under Clause 15 of the Letters of Patent Act to set the order dated 04/01/2019. 08/01/2019, 04/01/2019 and 04/01/2019 passed in W.P(MD).No.213,406,215 and 214 of 2019 respectively, on the file of this Court.
Prayer in WP(MD). 213/ 2019 :
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 revise the petitioners Pay Notionally with effect from 01.01.2016 and to revise his pension and other terminal benefits payable to him with effect from 01.10.2017 and also direct to pay the difference in terminal benefits such as Gratuity, Commutation and Leave Salary etc. and also pension arrears with effect from 01.10.2017 together with interest at the rate of 12% per annum payable to him to till the date of payment of the said monetary benefits based on the 251th Board meeting helf on 28/08/2018 and passed a resolution in Resolution No.58/2018-2019, as per the G.O.MS.No.134 Transport (D) Department dated 09/04/2018 within the stipulated time.
Prayer in WP(MD). 406/ 2019 :
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 revise the petitioners Pay Notionally with effect from 01.01.2016 and to revise his pension with effect from 01.10.2017 and also direct to pay the difference in terminal benefits such as Gratuity, Commuted value of pension and Leave salary etc. and also pension arrears with effect from 01.10.2017 together with interest at the rate of 12% per annum to till the date of payment of the said monetary benefits based on the 251th Board meeting helf on 28/08/2018 and passed a resolution in Resolution No.58/2018-2019, as per the G.O.MS.No.134 Transport (D) Department dated 09/04/2018.
Prayer in WP(MD). 215/ 2019 :
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 revise the petitioners Pay Notionally with effect from 01.01.2016 and to revise his pension and other terminal benefits payable to him with effect from 01.10.2017 and also direct to pay the difference in terminal benefits such as Gratuity, Commutation and Leave Salary etc. and also pension arrears with effect from 01.10.2017 together with interest at the rate of 4/6
12% per annum payable to him to till the date of payment of the said monetary benefits based on the 25th Board meeting. Prayer in WP(MD). 214/ 2019 :
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 revise the petitioners Pay Notionally with effect from 01.01.2016 and to revise his pension and other terminal benefits payable to him with effect from 01.10.2017 and also direct to pay the difference in terminal benefits such as Gratuity, Commutation and Leave Salary etc. and also pension arrears with effect from 01.10.2017 together with interest at the rate of 12% per annum payable to him to till the date of payment of the said monetary benefits based on the 25th Board meeting. For Petitioners : Mr.A.Rahul (In all Petitions) For Respondents : Mr.J.Senthil Kumaraiah (In all Petitions) Standing Counsel for R2 to R4 COMMON ORDER (Order of the Court was made by T.S.SIVAGNANAM, J.)
These contempt petitions have been filed alleging that there is a wilful disobedience of the order and direction passed in W.A(MD).Nos.1122, 1123, 1124 and 1125 of 2019 dated 14.11.2019. 2.Compliance report has been filed and an order has been passed by the authority on 09.07.2021. The said report is placed on record.
3.In the light of the same, these Contempt Petitions are closed giving liberty to the petitioners to challenge the said order before the appropriate forum.
Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) tta/rm 5/6
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 1.The Additional Chief Secretary & Secretary to Government, 2.The Managing Director, 3.The Financial Advisior and Chief Accounts Officer, 4.The Administrator, Thiruvalluvar Illam, Pallvan Salai, +1 CC to M/s.SPL GP ( SR-24434[F] dated 29/07/2021 ) Cont.P(MD)Nos.570 to 573 of 2020 27.07.2021 RK (04.10.2021) 6P 6C 6/6