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Madras High CourtCONT P(MD)/1448/2019closed

K.Vethiappan v. R.Ponmudi

2022-02-17Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.(MD) Nos.13906 & 13907 of 2019 respectively K.Vethiappan ... Petitioner in Cont.P.(MD) No.1448 of 2019 M.Ganesan ... Petitioner in Cont.P.(MD) No.1450 of 2019 -vs1.R.Ponmudi The Managing Director Tamil Nadu State Transport Corporation (Kum) Limited TNSTC Head Office No.27, Railway Station New Road Kumbakonam-612 001 2.A.Gunasekaran (I/C) The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Limited Karaikudi Region Maruthupathi, Managiri, Karaikudi 3.V.Venkatarajan The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai-02 ... Respondents in both Contempt Petitions PRAYER (in Cont.P.(MD) No.1448 of 2019) : Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for the willful disobedience of the order passed by this Court in W.P.(MD) No.13906 of 2019, dated 20.06.2019. 1/3

PRAYER (in Cont.P.(MD) No.1450 of 2019) : Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for the willful disobedience of the order passed by this Court in W.P.(MD) No.13907 of 2019, dated 20.06.2019. Prayer in WP(MD). 13906/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of mandamus, directing the respondent to revise the petitioners pay as per the settlement U/s 12(3) of the I.D.Act dated 13.04.2015 with retrospective effect from 01.09.2013 and consequently directing the respondents to revise and re-fix the petitioners the petitioners retirement benefits and to disburse difference amounts in the petitioners monthly pension, Commuted Value of Pension, Gratuity, Earned Leave Salary to me to the tune of 5.5% along with interest at the rate of 18% per annum payable from 01.09.2013 to till the date of actual payment to be made by the respondents, within the stipulated time to be fixed by this Court considering the petitioner's representation dated 09.05.2019. Prayer in WP(MD). 13907/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of mandamus, directing the respondent to revise the petitioners pay as per the settlement U/s 12(3) of the I.D.Act dated 13.04.2015 with retrospective effect from 01.09.2013 and consequently directing the respondents to revise and re-fix the petitioners the petitioners retirement benefits and to disburse difference amounts in the petitioners monthly pension, Commuted Value of Pension, Gratuity, Earned Leave Salary to me to the tune of 5.5% along with interest at the rate of 18% per annum payable from 01.09.2013 to till the date of actual payment to be made by the respondents, within the stipulated time to be fixed by this Court, by considering the petitioner's representation dated 09.05.2019. For Petitioner :

Mr.SP.Vijay Nivas (in both cases) For Respondents :

Mr.D.Sivaraman (in both cases) C O M M O N O R D E R These contempt petitions have been filed alleging wilful disobedience of the order, dated 20.06.2019, made in W.P.(MD) Nos.13906 & 13907 2019.

2.

The learned Standing Counsel appearing for the respondents made a submission that the order dated 20.06.2019 passed in the writ petitions has been duly complied with. 2/3

3. Recording the above submission, the contempt petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) krk / ssb To 1.R.Ponmudi The Managing Director Tamil Nadu State Transport Corporation (Kum) Limited TNSTC Head Office No.27, Railway Station New Road Kumbakonam-612 001 2.A.Gunasekaran (I/C) The General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Limited Karaikudi Region Maruthupathi, Managiri, Karaikudi 3.V.Venkatarajan The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar Illam Pallavan Salai, Chennai-02 +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-7247[F] dated 18/02/2022 ) in W.P.(MD) Nos.13906 & 13907 of 2019 respectively 17.02.2022 RK(01/03/2022) 3P 5C 3/3