N.V.Thamilarasan v. Shri.Gopal I.A.S.The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH in W.P.(MD).No.16209 of 2022 N.V.Thamilarasan ... Petitioner / Petitioner Vs.

1.Shri.Gopal, I.A.S., The Government of Tamil Nadu, Represented by its Secretary, Transport Department, Secretariat, Chennai - 600 009.

2.Shri.Rajmohan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam - 612 001, Thanjavur District.

3.Shri.Sakthivel, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Periyamilaguparai, Trichy District.

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4.Ms.Bama, The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

... Contemnors / Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the contemnors/respondents in accordance with law for their willful disobedience of order in W.P.(MD).No.16209 of 2022 dated 25.07.2022. For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 : Mr.D.Sasikumar Additional Government Pleader For R-2 to R-4 : Mr.K.Ramaiah, Standing Counsel.

ORDER

The order passed by the Writ Court in W.P.(MD).No.16209 of 2022 dated 25.07.2022 was a directon simplicitor to consider the petitioner's representation dated 03.02.2022 on its own merits and pass appropriate orders within a stipulated time.

2. Today, when the matter was called, the learned standing counsel for the respondent Corporation produced a copy of the written instructions given by the Corporation dated 25.08.2023, wherein, it is claimed that they have 2/5

considered the petitioner's representation dated 03.02.2022 and had also disbursed the differential earned leave encashment amount of Rs.36,424/-. However, the learned counsel disputes the quantum. If at all the petitioner is of the view that the entire amount has not been disbursed, it would give raise to a cause of action to challenge the payment. However, it cannot be termed as wilful disobedience of the order. Accordingly, the contempt petition stands closed with liberty to the petitioner to challenge the alleged shortfall. 25.08.2023 Index : Yes / No Internet : Yes / No Lm/RR 3/5

To 1.The Secretary, The Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam - 612 001, Thanjavur District.

3.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Periyamilaguparai, Trichy District.

4.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600 002.

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M.S.RAMESH, J.

Lm/RR in W.P.(MD).No.16209 of 2022 25.08.2023 5/5