Madras High CourtCONT P(MD)/1249/2019closed

N.Karuppiah v. J.Radhakrishnan

2020-02-03Honourable Mr Justice R. Subramanian2 pages

Cont P.(MD)No.1249 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Cont P.(MD)No.1249 of 2019 in W.P.(MD)No.24751 of 2018 1.N.Karuppiah 2.S.Jayakumar 3.R.Krishnamorthy 4.K.Sundarraj 5.A.Tajudeen 6.A.Pitchaikanthan 7.J.Rajamanickam 8.C.Ramakrishnan 9.P.Ramadoss 10.T.Ramalingam ... Petitioners / Petitioners Vs.

1.J.Radhakrishnan, Principal Secretary to Government, Transport Department, Government of Tamilnadu, Secretariat, Chennai 600 009.

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

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

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

... Contemnors / Respondents PRAYER: This Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents for wilful deliberate disobedience of the order passed by this Court in W.P.(MD)No.24751 of 2018, dated 17.12.2018.

Prayer in WP(MD)No.24751 of 2018 Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to revise the petitioner's Dearness Allowance at the rate of 148% should be added in their monthly pension based on the G.O.Ms.No.321 Finance (Allowances) Department, dated 24.09.2018 and https://hcservices.ecourts.gov.in/hcservices/ 1/4

Cont P.(MD)No.1249 of 2019 further directing the respondents to pay the difference amount in the petitioner's pension for the period from date of their retirement to till date payable to the petitioners together with interest at the rate of 18%.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Sathiya Singh

O R D E R

Mr.K.Sathiya Singh, learned counsel appearing for the respondent Corporation has produced the proceedings of the Administrator of the Pension Fund Trust, dated 23.12.2019. The said proceedings would disclose that the Pension Fund Trust has no funds and it has addressed the Government for instruction and a decision will be taken upon instruction from the Government. Since the direction is only to consider the representation and the same has been considered and reply has been sent to the petitioner leaving it open to the petitioner to challenge the said proceedings, the Contempt Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 To 1.J.Radhakrishnan, The Principal Secretary to Government, Transport Department, Government of Tamilnadu, Secretariat, Chennai 600 009.

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

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

4. Venkatraj,The Administrator (Incharge), Tamilnadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-4625[F] dated 04/02/2020 +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-4693[F] Chennai 600 002Cont P.(MD)No.1249 of 2019 03.02.2020 SMA/14/02/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/4