Madras High CourtCONT P(MD)/789/2021closed

S.V. Subbiah v. M.A. Murugesan

2021-10-28Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2021

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P.(MD)No.789 of 2021 in W.P.(MD)No.12567 of 2020 S.V.Subbiah

...Petitioner

Vs.

1.M.A.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.Ganesan, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

...Respondents

Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the Respondents for committing contempt for the wilfull disobedience of the order in W.P.(MD)No.12567 of 2020 dated 28.09.2020.

Prayer in WP(MD). 12567/ 2020 :

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 the Surrender Leave Salary pending due unsettled for the years from 2009 to 2013 surrendered from the petitioners leave credit for 15 days from 2009 to 2013 surrendered from the petitioners leave credit for 15 days every year and also the Social Security Scheme Benefits along with interest at the rate of 18 precentage p.a.

For Petitioner : Mr.S.Govindan For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel 1/3

ORDER

This Contempt Petition has been filed for the alleged disobedience of the order passed by this Court in W.P.(MD)No.12567 of 2020, dated 28.09.2020.

2.When this Contempt Petition is taken up for hearing today, Mr.J.Senthil Kumaraiah, learned standing counsel appearing for the respondents has submitted that the order in entirety passed by this Court, has been complied with and the total eligible surrender leave salary payable to the petitioner to the extend of Rs.1,29,449/- has been paid and in this regard, he has filed the following memo: "MEMO FILED BY THE CONTEMNORS/RESPONDENTS In pursuant to the direction issued by this Hon'ble High Court on 28.09.2020, in WP(MD) No.12567 of 2020, the contemnors/Respondents had settled the eligible Service Surrender Leave Salary amounting to Rs.1,29,449/- to the petitioner/petitioner. The payment details are furnished below:

SI.No. Mode of Payment Amount Paid (Rs) 1.

Canara Bank - Ch.No.075510/dt.13.10.2021 1,29,449/- Total amount paid 1,29,449/- Hence, the Hon'ble High Court may be pleased to accept this memo and to close this Contempt Petition."

3.By relying upon such memo, the learned standing counsel appearing for the respondents would submit that in view of the compliance of the order of this Court, this contempt petition may be closed.

4.The said factor is not controverted by the learned counsel appearing for the petitioner.

5.In view of the aforestated, where the order in entirety since has been complied with, this Contempt Petition is closed. No costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm/gbg 2/3

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.M.A.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-16.

2.Ganesan, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Dindigul.

CONT.P.(MD)No.789 of 2021 28.10.2021 MGJ/JGB(18.11.2021) 3P 3C 3/3