B.Jeevanmoorthy v. Murugesan
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.792 of 2020 in W.P.(MD)No.6766 of 2020 B.JeevanMoorthy
...Petitioner/ Petitioner
Vs.
Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai.
...Contemnor/Respondent Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the Contemnor/Respondent for willfully disobeying and non complying with the order of this Court dated 13.07.2020, in W.P.(MD)No.6766 of 2020. Prayer in WP(MD). 6766/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ or order or direction or in the nature of Writ of Mandamus directing the respondents to transfer the petitioners retirement benefits such as employees provident fund, gratuity earned leave wages, surrender leave wages and IRT share amount payable to him with 16 percent rate of interest to his savings account No.1580010000009602 in Indian Overseas Bank, Bye-pass Road, Madurai Bench, Madurai on or before 07.07.2020 For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthil Kumaraiah Standing Counsel
ORDER
This Contempt Petition has been filed for the alleged disobedience of the order passed by this Court in W.P.(MD)No.6766 of 2020, dated 13.07.2020.
2.When this Contempt Petition is taken up for hearing today, Mr.J.Senthil Kumaraiah, learned standing counsel appearing for the respondent has submitted that the order in entirety passed by this Court, has been complied with and the total retirement benefits payable to the petitioner to the extend of Rs.25,05,734/- 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 1/3
Hon'ble High Court in WP(MD)No.6766 of 2020 dated 13.07.2020, the management calculated the petitioner's eligible terminal benefits and disbursed the same in the following terms:
Name:- B.Jeevan Moorthy, Staff No.ASO6470, Date of Retirement30.02.2020 SI.No.
Nature of payment [Terminal Benefits Amount] Amount Paid (Rs) Mode of Payment 1.
Gratuity Amount Full Payment 1365120/- ECS paid on 02.06.2021 2.
Provident Fund amount Full Payment 302086/- ECS Paid on 02.06.2021 3.
Earned Leave Salary Amount Full Payment 650137/- ECS paid on 02.06.2021 4.
Service Surrender Leave Salary 183891/- ECS paid on 02.06.2021 5.
Institute of Road Transport Full Payment 4500/- Cheque No.709172 dated 18.06.2020 6.
Pension Commutation Nil 7.
Social Service Scheme Nil Total Amount Paid 25,05,734/- 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 respondent 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 (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
+1 CC to M/s.G.M.XAVIER, Advocate ( SR-33149[F] dated 29/10/2021 ) CONT.P.(MD)No.792 of 2020 28.10.2021 MMS(CO) KB(18.11.2021) 3P 2C 3/3