R.Jacob v. K.Elangovan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.11772 of 2022 R.Jacob, S/o.Rajamanickam, 2/163, Kanmani Street, Thoppur, Madurai - 8.
Petitioner/Petitioner Vs 1.Thiru.K.Elangovan, Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.
2.Tmt.Bhama, The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
Contemnors/Respondents 1/9
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/ Respondents for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.11772 of 2022, dated 15.06.2022.
For Petitioner : Mr.V.R.Arun Kumar For R-1 : Mr.S.Raja Standing Counsel For R-2 : Mr.S.C.Herold Singh Standing Counsel
ORDER
Heard Mr.V.R.Arun Kumar, learned counsel for the Petitioner, Mr.S.Raja, learned Standing Counsel who accepts notice on behalf of the 1st Respondent and Mr.S.C.Herold Singh, learned Standing Counsel, who accepts notice on behalf of the 2nd Respondent. Therefore, no further notice is required to be issued to the Respondents.
2. This Court vide order dated 20.06.2025 passed the following order: "2. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P(MD)No.11772 of 2022, dated 2/9
15.06.2022 and the learned Single Judge of this Court allowed the said Writ Petition in the following terms: "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 three (3) months from the date of receipt of a copy of this order.
8.This Writ Petition stands allowed in accordance with the above terms.There shall be no order as to costs."
3. The learned counsel for the Petitioner further submits that despite the judgment and order passed by this Court dated 15.06.2022 in W.P.(MD)No.11772 of 2022, the Respondents have not complied with the directions of the Writ Court and they have wilfully and deliberately flouting the orders passed by this Court. Thus, the learned counsel submits that the Respondents are in contempt and they may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
4. Upon perusing the judgment and order passed by this Court dated 15.06.2022 in W.P.(MD)No.11772 of 2022 as well as the affidavit filed in support of the 3/9
contempt petition, which states that the Respondents have not complied with the orders of the Writ Court, this Court is of the view that the Respondents appear to have wilfully and deliberately disobeyed the order of this Court. Consequently, this Court deems it necessary to initiate proceedings against the Respondents for their alleged non-compliance with the said orders.
5. Mr.S.Raja, learned Standing Counsel for the 1st Respondent and Mr.S.C.Herold Singh, learned Standing Counsel for the 2nd Respondent request time to ensure compliance with the judgment and order of the Writ Court dated 15.06.2022 in W.P.(MD)No.11772 of 2022. He also assure this Court that whatever order is passed by this Court will be fully complied with and requests ten days time to ensure compliance with the said order.
6. In view of the assurance given by Mr.S.Raja, learned Standing Counsel for the 1st Respondent and Mr.S.C.Herold Singh, learned Standing Counsel for the 2nd Respondent, this Court grants the Respondents a final opportunity to comply with the judgment and order of the Writ Court dated 15.06.2022 in W.P. (MD)No.11772 of 2022, without fail, within 10 days from today. The Respondents are directed to 4/9
communicate the decision taken by them to the Petitioner and to file an affidavit of compliance in this regard within a period of 10 days from today. Failure to comply with the said order within the stipulated time frame will necessitate the Respondents personal appearance before this Court on the next date fixed to justify why the Writ Court's order has not been complied with.
7. Put up this case on 07.07.2025 "For Orders" before this Court.
8. Let a copy of this order be given to Mr.S.Raja, learned Standing Counsel for the 1st Respondent and Mr.S.C.Herold Singh, learned Standing Counsel for the 2nd Respondent for its necessary compliance and information to the Respondents.
3. Today, when the matter is being taken up, Mr.S.Raja, learned Standing Counsel on behalf of the 1st Respondent and Mr.S.C.Herold Singh, learned Standing Counsel, on behalf of the 2nd Respondent, submit that the Respondents have complied with the order of the Writ Court dated 15.06.2022 passed in W.P.(MD)No.11772 of 2022. They produced a chart provided by the Tamil Nadu State Transport Corporation Employees 5/9
Pension Trust, Chennai - 2, stating that almost all dues have been paid to the Petitioner, except a nominal amount of Rs. 5,000/- which will be paid to the Petitioner within ten days in the Petitioner's account. A copy of the said chart has been taken on record and furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.
4. Mr.V.R.Arun Kumar, learned counsel for the Petitioner, submits that the Petitioner has received the chart and acknowledges that almost the entire dues have been paid, with only Rs. 5,000/- (Rupees Five Thousand only) remaining to be paid. The learned counsel states that he has no objection to the Respondents being discharged from the contempt proceedings if the balance amount of Rs. 5,000/- is paid to the Petitioner within ten days from today.
5. Considering the submissions made by the learned counsel for the Petitioner and the learned Standing Counsel for the Respondents, and upon reviewing the chart provided by the Tamil Nadu State Transport Corporation Employees Pension Trust, Chennai - 2, this Court is satisfied 6/9
that the Respondents have complied with the judgment and order of the Writ Court dated 15.06.2022, passed in W.P.(MD) No. 6755 of 2018. The learned Standing Counsel has also assured that the the balance amount to the tune of Rs.5,000/- (Rupees Five Thousand only) will be paid in the Petitioner's account, within a period of ten days from today. In view of this assurance, this Court deems it appropriate to drop the contempt proceedings. Accordingly, the Respondent are discharged from the contempt proceedings at this stage.
6. In view of the above, the Contempt Petition is disposed of at this stage with a direction to the Respondents to pay the balance amount of Rs. 5,000/- (Rupees Five Thousand only) to the Petitioner within ten days from today, without fail. The file shall be consigned to record. There shall be no order as to costs.
07.07.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 7/9
To:
1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.
2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.
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SHAMIM AHMED , J.
Nsr 07.07.2025 9/9