D.S. Vincent v. Mr. Muthukrishnan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Third day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN SUB A(MD) No.267 of 2017 In Cont.P(MD)No.154 of 2017 In WP(MD)No.18154 of 2016 D.S. VINCENT ... PETITIONER Vs 1.MR. MUTHUKRISHNAN THE MANAGING DIRECTOR -IN CHARGE, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MUDURAI - 625 016.
2.MR. SUKUMAR FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MUDURAI - 625 016. 3.MR. ARUMUGAM THE ADMINISTROR, TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI - 600 002.
... RESPONDENTS Prayer in SUB A(MD). 267/ 2017 :
The Sub Application petition filed under section 151 of CPC, praying to Re-open the Contempt Petition No.154 of 2017, which was closed on 18.08.2017 and punish the Contemnors/Respondents for their willful disobedience of the order of this Court passed in Writ Petition W.P.(MD)No.18154 of 2016 dated 22.09.2016. Prayer in CONT P(MD). 154/ 2017 :
The Contempt Petition is filed under section 11 of Contempt of Court Act, praying ,to commit and punish the Respondents for their willful disobedience and noncompliance of the order of this Court in W.P(MD) No.18154 of 2016 dated 22.09.2016. Prayer in WP(MD). 18154/ 2016 :
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 pay all the terminal benefits amount payable to the petitioner including Provident Fund, Gratuity, Commuted Value of pension, unavailed leave salary, service-surrender leave salary and Dearness allowance arrears together with 18% from the date of retirement to till the date of payment and all other attendant benefits to the petitioner within the stipulated period. ORDER:
This Petition coming on for hearing this day, and upon perusing the grounds of petition and affidavit and upon hearing the arguments https://hcservices.ecourts.gov.in/hcservices/
of Mr.A.Rahul, Advocate for the Petitioner, and of Mr.A.P.Muthu Pandian, standing counsel for Respondents in Transport and this Court made the following order:
This Sub Application in Contempt Petition has been filed, seeking to reopen the Contempt Petition No.154 of 2017, which was closed on 18.08.2017, so as to punish the Contemnors/Respondents for their wilful disobedience of the order passed by this Court in W.P. (MD) No.18154 of 2016 dated 22.09.2016.
2. When the matter is taken up for hearing, learned counsel appearing for the 3rd respondent / Trust has submitted that only a sum of Rs.56,758/- is due to be paid and the remaining amount had already been paid to the petitioner. He has further submitted that the amount of Rs.56,758/- would be paid to the petitioner before the end of November, 2018.
3. In view of the above submission, it is directed that a sum of Rs.20,000/- shall be paid on or before 02.11.2018 and the balance amount shall be be paid before the end of November, 2018. It is needless to state that in the event of the petitioner finding that the calculation derived by the respondents is wrong, it is open to him to work out his remedy before the appropriate Forum. This application is closed.
Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) TO
1. THE MANAGING DIRECTOR -IN CHARGE, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MUDURAI - 625 016.
2.FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, BYE PASS ROAD, MUDURAI -625 016.
3.THE ADMINISTROR, TAMIL NADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI - 600 002.
ORDER DATED :23/10/2018
ORDER
SUB A(MD) No.267 of 2017 In Cont.P(MD)No.154 of 2017 In WP(MD)No.18154 of 2016 DS SKN SAR-1 29 10 2018 2P 4C https://hcservices.ecourts.gov.in/hcservices/