Madras High CourtCONT P(MD)/2119/2024closed

K.Kannan v. Arumugam

2024-11-21Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR in W.P(MD)No.11717 of 2024 K.Kannan ... Petitioner/Petitioner vs

1. Arumugam, The Managing Director, Tamilnadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.

2. Raghavan, General Manager, TamilNadu State Transport Corporation Ltd., Madurai Region, Bye Pass Road, Madurai-625 016.

3. Bhama, Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

... Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to initiate contempt proceedings against the Contemnors and punish them for the wilful disobedience of the order of the High Court in W.P.(MD)No.11717 of 2024 dated 05.06.2024.

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For Petitioner : Mr.A.K.Thangavelu For Respondent No.1 : Mr.Gladson Michael Rajadurai Standing Counsel For Respondent No.2 : Mr.S.Raja, Standing Counsel For Respondent No.3 : Mr.S.C.Herold Singh, Standing Counsel

ORDER

The instant contempt petition has been filed alleging violation of the order of this Court dated 05.06.2024 made in W.P(MD)No.11717 of 2024.

2. According to the learned Counsel appearing for the contempt petitioner, the order of termination was not approved by the authorities concerned in A.P.No.59 of 2015, dated 29.12.2023. Since, the approval order was not granted, the petitioner has filed the above said writ petition seeking to reinstate him with continuity of service. Since, the petitioner has already retired from service, this Court by an order dated 05.06.2024, had directed the authorities to disburse the terminal benefits.

3. According to the learned Counsel appearing for the respondent Transport Corporation, the order passed in A.P.59 of 2015 dated 29.12.2023 was challenged by the management in W.P.(MD).No.19112 of 2024. This Court by an order dated 22.10.2024, has set aside the order passed in A.P.No.59 2/4

of 2015. Therefore, as on to day, the order passed in a A.P.No.59 of 2015, dated 29.11.2023, has been set aside and the order of termination passed by the management is confirmed. In such circumstances, the petitioner would not be eligible to receive any terminal benefits.

4. Considering the above said facts, this contempt petition stands closed, with a liberty to the petitioner to revive the contempt proceedings, in case the order passed in W.P.(MD).No.19112 of 2024 is reversed by the Hon'ble Division Bench of this Court.

21.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 3/4

R.VIJAYAKUMAR , J.

gvn To

1. The Managing Director, Tamilnadu State Transport Corporation Ltd., Madurai Division, Bye Pass Road, Madurai-625 016.

2. General Manager, TamilNadu State Transport Corporation Ltd., Madurai Region, Bye Pass Road, Madurai-625 016.

3. Tamilnadu State Transport Corporation, Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

in W.P(MD)No.11717 of 2024 21.11.2024 4/4