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Madras High CourtCONT P(MD)/1445/2024disposed of

S.Ramakrishnan v. Muthukrishnan

2025-06-23Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1445 of 2024 in W.P.(MD) No.5344 of 2021 S.Ramakrishnan S/o.Subramanian, 4C, 3/9, Aathithya North Adaiyavalaingan, Srirangam, Trichy.

... Petitioner vs.

1.Muthukrishnan, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

2.Bhama, The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for wilfully disobeying and not complying with the order of this Court dated 11.03.2021 in W.P.(MD) No.5344 of 2021.

For Petitioner :Mr.V.R.Arunkumar For R1 :Mr.K.Ramiah Standing Counsel 1/7

For R2 : Mr.S.C.Herold Singh Standing Counsel

ORDER

This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.5344 of 2021, dated 11.03.2021. 2.Heard Mr.V.R.Arunkumar, learned counsel for the petitioner, Mr.K.Ramiah, learned Standing Counsel for the first respondent and Mr.S.C.Herold Singh, learned Standing Counsel for the second respondent.

3. The short facts of case, led to filing of the Writ Petition bearing W.P. (MD) No.5344 of 2021, are as follows:- The petitioner is a retired employee of the respondent Transport Corporation. The petitioner retired from service on 30.04.2019. The respondent has settled the retirement benefits to the petitioner belatedly. Hence, the petitioner has filed the aforesaid writ petition seeking for a Writ of Mandamus directing the respondent to pay 18% interest on the delayed payment of retirement benefits paid to the petitioner. 4.This Court, vide judgment and order dated 11.03.2021, had disposed of the said writ petition with the following directions:- 2/7

"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 this order." 5.The learned counsel for the petitioner submits that the order passed by this Court in W.P.(MD) No.5344 of 2021 dated 11.03.2021 had not been complied with. Thus, the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 11.03.2021. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

6.Today, when the matter is taken up, Mr.K.Ramiah, learned standing counsel for the first respondent has produced a copy of the order dated 21.06.2025, passed by the respondents, in which it has been stated that the direction issued by this Court, vide order dated 11.03.2021, in W.P.(MD) No. 5344 of 2021 has been fully complied with and the petitioner has also been paid with the following amounts:- 3/7

Total Paid Details Leave Salary Interest Rs.40,658/- Rs.40,658/- paid 12 installments (July 2021 to June 2022) Gratuity Interest Rs.84,823/- Rs.84,823/- paid 12 installments (July 2021 to June 2022) PF Interest Rs.77,957/- Rs.77,957/- paid 12 installments (July 2021 to June 2022) 7.A copy of the order dated 21.06.2025 has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. 8.Thereafter, Mr.S.C.Herold Singh, learned standing counsel for the second respondent has also produced a copy of the payment details, dated 21.06.2025, of the second respondent and submits that major portion of the amount has already been paid to the petitioner and only a nominal amount has to be paid.

He also assures this Court that the same will be paid in accordance with law in the account of the petitioner within a period of 10 days from today. A copy of the payment details, dated 21.06.2025, of the second respondent, has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner.

proceedings, as the judgment and order dated 11.03.2021, in W.P.(MD) No. 5344 of 2021 has been complied with.

9.MrV.R.Arunkumar, learned Counsel for the petitioner submits that he has received a copy of the order passed by the respondents, dated 21.06.2025 and a copy of the payment details, dated 21.06.2025, of the second respondent and submits that the second respondent has not fully complied with the judgment and order of this Court, dated 11.03.2021. However, on the assurance given by the learned standing counsel for the second respondent that the balance amount will be paid in the account of the petitioner within a period of 10 days from today, he has no objection if the respondents are discharged from the contempt proceedings at this stage and the present Contempt Petition may also be disposed of. 10.

Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records and the order passed by the respondents, dated 21.06.2025 and the payment details, dated 21.06.2025, of the second respondent and as per the assurance given by the learned standing counsel for the second respondent that the balance amount will be paid in the account of the petitioner within a period of 10 days from today, this Court satisfied that the direction issued by this Court in W.P.(MD) No.5344 of 2021, dated 11.03.

respondents and there is no justification in continuing the present contempt proceedings against the respondents.

11.Accordingly, the Contempt Petition is finally disposed of at this stage and the respondents are discharged from the present contempt proceedings. It is made clear that the second respondent shall credit the balance amount, as assured by the learned standing counsel for the second respondent, in the account of the petitioner in accordance with law, within a period of 10 days from today without any further delay. The file is consigned to record. No costs.

Index :Yes / No 23.06.2025 Internet :Yes / No mm To 1.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy.

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

6/7

SHAMIM AHMED, J.

mm CONT.P(MD) No.1445 of 2024 23.06.2025 7/7