Madras High CourtCONT P(MD)/961/2019closed

D.Ramalingam v. J.Radhakrishnan

2020-01-28Honourable Mr Justice R. Subramanian2 pages

CONT.P.(MD)No.961 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CONT.P.(MD)No.961 of 2019 in WP(MD)No.25067 of 2018 1.D.Ramalingam 2.M.Saleem Ahamed 3.D.Madialagan : Petitioners / Petitioners Vs 1.J.Radhakrishnan, Principal Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat,Chennai-600 009.

2.Baskaran, Managing Director, State Express Transport Corporation ltd., (SETC), Pallavan Salai, Chennai.

3.Sampath,General Manager, State Express Transport Corporation ltd., (SETC), Pallavan Salai, Chennai.

4.Venkatraj, Administrator (incharge),Tamilnadu State Transport Corporation of Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

: Contemnors / Respondents (1st respondent was deleted vide order dated 09.12.2019) PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors / respondents in accordance with law for their willful disobedience of the order in W.P.(MD)No.25067 of 2018, dated 20.12.2018.

Prayer in WP(MD)No.25067 of 2018 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to grant the petitioners 4 and 5 review benefits and revise their pay in the post of Driving Instructor and Checking Inspector respectively with retrospective effect from 01.09.2010 in terms of Government Order in G.O.Ms.No.61 Transport (C1) Department dated 30.04.2015 and as per 12(3) Settlement, dated 13.04.2015 and further directing the respondents to pay them difference amount in their salary from 01.09.2010 to till the date of retirement of the petitioners and to pay difference in their retirement benefits including difference in monthly pension, Gratuity, Leave Salary, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.961 of 2019 Commuted Value of Pension and all other attendant benefits payable to them from the date of their retirement to till date together with 18 % rate of interest.

For Petitioners: Mr.N.Sudhagar Nagaraj For R2 and R3 : Mr.K.Sathyasingh For R4 : Mr.A.Swaminathan

ORDER

This contempt petition has been filed complaining that the order, dated 20.12.2018 made in W.P.(MD)No.25067 of 2018 has not been complied with.

2. By order, dated 20.12.2018 made in W.P.(MD)No.25067 of 2018, the respondents were directed to consider the representation of the petitioners, dated 30.11.2018 in terms of G.O.Ms.61, Transport (C1) Department, dated 30.04.2015.

3. After considering the representation of the petitioners, the respondents have sent a reply dated 31.07.2019, which states that recommendations have been made to the Government and decision would be taken on the basis of the instructions of the Government.

4. Leaving it open to the petitioners to challenge this communication, this contempt petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.Baskaran,Managing Director, State Express Transport Corporation ltd., (SETC), Pallavan Salai, Chennai.

2.Sampath,General Manager, State Express Transport Corporation ltd., (SETC), Pallavan Salai, Chennai.

3.Venkatraj,Administrator (incharge),Tamilnadu State Transport Corporation of Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-3322[F] +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-3406[F] dated 28/01/2020 CONT.P.(MD)No.961 of 2019 28.01.2020 sma/10/02/2020/2p/6c https://hcservices.ecourts.gov.in/hcservices/ 2/2