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Madras High CourtSUB A(MD)/117/2018closed

M.Selvaraj,S/O.P.Mayandipillai v. Mr.R.Anantha Padmanbhan,

2018-11-01Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN SUB A(MD) No.117 of 2018 IN CONT P(MD) No.2234 of 2017 M.SELVARAJ ... PETITIONER/ PETITIONER/ PETITIONER Vs 1 R.ANANTHA PADMANBHAN, THE MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION(TAMIL NADU) LTD., PALLAVAN SALAI, CHENNAI-2.

2 C.MUNIAPPAN THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI-600 002.

... RESPONDENTS/ CONTEMNORS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to revive the Contempt Petition in Contempt Petition(MD).No.2234 of 2017 which was closed by this Hon'ble Court by order dated 29.01.2018 and thus render justice.

PRAYER INCONT P(MD) No.2234 of 2017:

Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents herein under Contempt of Court for wilful disobedience of the order of this Court, dated 03.11.2016 passed in W.P.(MD)No.8305 of 2016.

Prayer in WP(MD)No.8305 of 2016:- Petition is 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 computing the gratuity, leave salary payable to the petitioner by taking into account the dearness allowance payable on the petitioner's basic pay plus grade pay at the rate of 100% instead of 107% as illegal and contrary to the G.O. (Ms) No.245 Finance (Allowances) Department dated 10.10.2014 issued https://hcservices.ecourts.gov.in/hcservices/

by the Government of Tamil Nadu and consequently direct the respondents to compute and pay him the difference amount in gratuity, leave salary by taking into account revised rate of dearness allowance i.e., at the rate of 107% of pay + grade pay as fixed in G.O.(Ms) No.245 Finance (Allowances) Department dated 10.10.2014 within the time that may be stipulated by this Hon'ble Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.RAHUL, Advocate for the petitioner and of Mr.K.SATHIYA SINGH, Advocate on behalf of the Respondents, the court made the following order:- It is represented by the learned Special Government appearing for the respondents that the amount due to the petitioner is only Rs.3,900/- and the respondent is ready to pay the said amount within 10 days.

2.Recording said submission, this application is closed. sd/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 R.ANANTHA PADMANBHAN, THE MANAGING DIRECTOR, STATE EXPRESS TRANSPORT CORPORATION(TAMIL NADU) LTD., PALLAVAN SALAI, CHENNAI-2.

2 C.MUNIAPPAN THE ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVAN SALAI, CHENNAI-600 002.

ORDER

IN SUB A(MD) No.117 of 2018 IN CONT P(MD) No.2234 of 2017 Date :01/11/2018 MS/PN-AC/SAR-3/11.12.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/