Singaram v. Ponmudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CONT P(MD)No.1023 of 2020 Singaram ... Petitioner/Petitioner Vs.

1.Mr.Ponmudi Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.Mr.R.Elangovan, General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai.

3.Mrs.S.Bama, Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Contemnors/Respondents 1 to 3 PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their willful disobedience of the order passed by this Court in W.P(MD)No.21059 of 2018, dated 12.10.2018.

Prayer in WP(MD). 21059/ 2018 :

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 as per the Settlement under Section 12(3) of the I.D. Act dt.04.01.2018 with retrospective effect from 01.09.2016 and consequently directing the respondents to revise and re-fix the petitioner retirement benefits and to disburse difference amounts in the petitioner salary for the period from 01.09.2016 to 31.05.2017 and difference amounts monthly pension, commuted value of pension, gratuity, earned leave salary to the petitioner. 1/3

For Petitioner : Mr.A.Rahul For R1 & R2 : Mr.Balasubramanian For R3 : Mr.A.Swaminathan

ORDER

Alleging disobedience of the order of this Court in W.P(MD) No.21059 of 2018, dated 12.10.2018, the petitioner has preferred the present Contempt Petition, to punish the contemnor.

2. The learned counsel appearing for the respondents submitted that the respondents have paid difference amount of retirement benefits based upon 12(3) Settlement, dated 04.01.2018 and due to COVID-19 pandemic, the remaining amount could not be paid in time and the Management is taking steps to settle the remaining amount at an early date. To that effect, a communication, dated 25.11.2021 issued by the Assistant Manager (Legal) has been produced before this Court.

3. In view of the above, the Contempt Petition is closed. The respondents Corporation shall paid the balance amount within a period of one month from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) am 1.Mr.Ponmudi Managing Director, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.Mr.R.Elangovan, General Manager, The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukkottai Region, Pudukkottai.

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3.Mrs.S.Bama, Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

+1 CC to M/s.A.RAHUL, Advocate ( SR-36400[F] dated 29/11/2021 ) +1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-36411[F] dated 29/11/2021 ) CONT P(MD)No.1023 of 2020 26.11.2021 RK(09/12/2021) 3P 6C 3/3