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Madras High CourtCONT P(MD)/1140/2021dismissed

C.Valanadu v. M.A.Murugesan

2021-08-27Honourable Mr Justice D. Krishnakumar2 pages

Cont.P.(MD).No.1140 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR Cont.P.(MD).No.1140 of 2021 C. Valanadu ... Petitioner Vs.

1. Mr. M.A. Murugesan, The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Limited, Madurai.

2. Ms. Bama The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

... Respondents PRAYER: Petition filed under Section 11 of Contempt of Courts Act, to punish the respondent for their willful disobedience of the order passed by this Court in W.P(MD).No.4219 of 2021 dated 03.03.2021. Prayer in WP(MD). 4219/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-12. To issue a writ of Mandamus direct the respondents to settle interest at the rate of 18% per annum for the belated payment of petitioners terminal benefits including Gratuity, Terminal Leave Salary, Provident Fund and Commuted Value of Pension from the date of his retirement to till the date on which the said benefits were settled to him. For Petitioner :

Mr. A. Rahul For Respondents :

Mr. J.Senthil Kumaraiah Standing Counsel

O R D E R

In the above Writ Petition, on 03.03.2021, the Writ Court has passed the order as follows:

"7. In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6 % per annum on the belated payment of the retirement benefits, commencing from the date of retirement, till the date of actual disbursement, within a period of six months from the date of receipt of a copy of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD).No.1140 of 2021 this order."

2. According to the learned Government Pleader appearing for the respondents, the said order dated 03.03.2021 was received by the transport corporation on 17.03.2021 and in the aforesaid order 6 months time is granted to comply with the order, which expires on 17.09.2021. Therefore, the petitioner without waiting till the period granted by this court, has filed contempt petition before this Court.

3. Considering the fact that the time granted by this Court to the respondents expires only on 17.09.2021, the Contempt Petition stands dismissed. If the order is not complied with by the respondents after the expiry of the period, it is open to the petitioner to approach this Court, at later stage. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Mnr To:

1. The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Limited, Madurai.

2. The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai -2.

Cont.P.(MD).No.1140 of 2021 27.08.2021 RK(15.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2