Madras High CourtCONT P(MD)/1262/2019closed

T.Anbazhagan v. Ponmudi

2020-02-28Honourable Mr Justice R. Subramanian3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN in W.P.(MD)No.1632 of 2019 T.Anbazhagan ... Petitioner / Petitioner Vs.

1. Ponmudi Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

2. K.Dasarathan General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3. Venkadarajan Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 02.

... Contemnors / Respondents PRAYER: This Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for willful disobedience of the order passed by this Court in W.P.(MD)No.1632 of 2019, dated 28.01.2019.

Prayer in WP(MD). 1632/ 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to revise the petitioners pay and grade pay in terms of Clause 5 of settlement under Section 12 (3) of the I.D Act dated 04.01.2018 notionally from 25.01.2014 and consequently direct the respondents to revise his pension based on the pay revision given in the settlement from the date of his retirement and to disburse the difference amounts in the pension together with interest at the rate of 18% per annum payable from date when it became due to till the date of actual payment, within the time limit that may be fixed by this Court.

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For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.D.Sivaraman For R-3 : Mr.A.Swaminathan

O R D E R

It is submitted that the directions contained in the order, dated 28.01.2019 have been substantially complied with. It is stated that arrears of pension is not payable, in view of G.O.Ms.No.142, Transport(E) Department, dated 26.08.2019 and difference in commutation amounting to a sum of Rs.3,00,000/- is payable. 2.The learned counsel appearing for the third respondent would submit that the difference in commutation amounting to a sum of Rs.3,00,000/- would be paid in three installments commencing from 20th of March, 2020.

3.The said statement is recorded. Leaving it open to the petitioner to challenge the G.O.Ms.No.142, Transport (E) Department, dated 26.08.2019, the Contempt Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) Rj2 To 1 The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3. The Administrator, Tamilnadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 02.

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+1 CC to Mr.A.RAHUL, Advocate ( SR-9320[F] dated 28/02/2020 ) +1 CC to Mr.D.SIVARAMAN, Advocate ( SR-9342[F] dated 28/02/2020 ) 28.02.2020 MK (12.03.2020) 3P 6C 3/3