E.P.Baskar v. Thiruvambalam Pillai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P(MD)No.12259 of 2021 E.P.Baskar : Petitioner .vs.
1. Mr.Thiruvambalam Pillai, Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Byepass Road, Madurai - 625016.
2. Mr.Ganesan, General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul - 624004.
3. Mrs.Bhama, The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
:Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the Contemnors/Respondents for their willful disobedience of the order passed by the Hon'ble High Court in W.P. (MD) No.12259 of 2021, dated 20.07.2021.
Prayer in WP(MD). 12259/ 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court (S-12) To issue a Writ of Mandamus, directing the respondents to pay 18 percent interest for the belated payment of terminal benefits of P.F., Gratuity Commutation and Unavailed Leave Salary payable to the Petitioner from the date of his retirement ie., 31.05.2019 to till the date of actual payment made to him i.e., 22.01.2021 and all other attendant benefits to him within the stipulated period and to pass such other or further orders as this Hon`ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice 1/3
For Petitioner : Mr.A.K.Thangavelu For Respondent : Mr.J.Senthil Kumaraiah
O R D E R
Though the learned counsel for the respondents made a submission that the order has been complied with, there are certain objections with reference to the calculation and the eligibility of the petitioner in the matter of settlement of benefits. However, the Courts issued direction to settle the benefits. Calculation cannot be verified by this Court in a Contempt proceedings, as the Contempt proceedings cannot be treated akin to that of the execution proceedings.
2. Under these circumstances, if any other grievance exists regarding wrong calculation or eligibility criteria or otherwise, the petitioner is at liberty to approach the competent authority, by producing all relevant documents and in the event of submitting any such relevant documents or calculation, the same is to be verified by the respondents to ascertain the correctness or otherwise and any other grievance exists, the same may be redressed in the manner known to law.
3. Accordingly, the Contempt Petition stands closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) RM/abr To
1. Mr.Thiruvambalam Pillai, Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai Division, Byepass Road, Madurai - 625016.
2. Mr.Ganesan, General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul - 624004.
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3. Mrs.Bhama, The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund, Thiruvalluvar Illam, Pallavan Salai, Chennai - 600002.
24.02.2022 RD(10.03.2022) 3P 4C 3/3