V. Raghavasimhan v. Ponmudi, The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.(MD) No.5692 of 2020 V.Raghavasimhan ... Petitioner/Petitioner -vs1. Ponmudi Managing Director Tamilnadu State Transport Corporation (KMBU) Ltd 27, New Railway Station Road Kumbakonam- 612 001, Thanjavur District
2. Venkatraj Financial Advisor Tamilnadu State Transport Corporation (KMBU) Ltd 27, New Railway Station Road Kumbakonam- 612 001, Thanjavur District
3. Bhama Administrator TNSTC Employees Pension Trust No.2, Pallavan Salai Chennai-600 002 ...Contemnors/Respondents 1 to 3 Prayer:
Petition filed under Section 11 of Contempt of Courts Act to punish the respondents herein for their willful disobedience of the order passed by this Hon'ble Court in W.P.(MD)No.5692 of 2020 dated 19.03.2020.
Prayer in WP(MD). 5692 OF 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents to settle the petitioners ERPS (Employees Retirement Pension Scheme) amount for the period from 1.9.1992 to 31.12.2016 and surrender leave salary for 90 days in respect of the years 2011-2012, 2012-2013, 2013-2014, 2014-2015, 2015-2016 and 2016-2017 together with interest at the rate of 6 percent per annum payable as per court direction, in one Instalment to the petitioner according to the last drawn salary in the month of May 2017 to the petitioner as per the representation 1/3
date on 5.12.2019, within a stipulated time frame as fixed by this Honourable Court from the date for retirement to till the date of actual payment For Petitioner : Mr.K.Gokul For Respondents : Mr.P.Balasubramanian ******
O R D E R
The learned counsel for the respondents made a submission that the amount due has been settled in favour of the petitioner as per the orders of this Court in the writ petition. However, the petitioner raises a dispute in respect of the calculation. 2.This Court is of the opinion that the contempt proceedings need not be kept pending for adjudication of such dispute between the parties, as it is not akin to that of an execution proceedings. In the event of any dispute with reference to the calculation by the respondents, the petitioner is at liberty to pursue the matter before the competent authority for redressal. 3.With the above liberty, this Contempt Petition is closed. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To
1. Mr.Ponmudi Managing Director Tamilnadu State Transport Corporation (KMBU) Ltd 27, New Railway Station Road Kumbakonam- 612 001, Thanjavur District
2. Mr.Venkatraj Financial Advisor Tamilnadu State Transport Corporation (KMBU) Ltd 27, New Railway Station Road Kumbakonam- 612 001, Thanjavur District 2/3
3. Mrs.Bhama Administrator TNSTC Employees Pension Trust No.2, Pallavan Salai, Chennai-600 002 +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-7283[F] dated 18/02/2022 ) in W.P.(MD) No.5692 of 2020 17.02.2022 CK(CO) GC(03.03.2022) 3P 5C 3/3