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Madras High CourtCONT P(MD)/1929/2021closed

V.Krishnamurthi v. Thiruvambalam Pillai

2022-02-24Honourable Mr Justice S.M. Subramaniam2 pages

CONT.P.(MD)No.1929 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM CONT.P.(MD)No.1929 of 2021 in W.P(MD)No.12337 of 2021 V.Krishnamurthi : Petitioner .vs.

1. Mr.Thiruvambalam Pillai, Managing Director, Tamil Nadu State Transport Corporation Ltd., Byepass Road, Madurai - 625016.

2. Mr.Ganesan, General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul - 624 004.

: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.12337 of 2021, dated 22.07.2021.

Prayer in WP(MD). 12337/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate Writ or orders or directions in the nature of Writ, directing the resondents to pay the Service Surrender Leave Salary amount of Rs.59,163/- payable to the Petitioner for the period from 2009 to 2013, together with 18 percentage interest from the date of his retirement i.e.31.05.2014 to till the date of payment and all other attendant benefits to me within the stipulated period and to pass such other or further orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. For Petitioner : Mr.A.K.Thangavelu For Respondents : 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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.1929 of 2021 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., Byepass Road, Madurai - 625016.

2. Mr.Ganesan, General Manager, Tamil Nadu State Transport Corporation Ltd., Dindigul Region, Chettinayakkanpatti Post, Dindigul - 624 004.

CONT.P.(MD)No.1929 of 2021 24.02.2022 RD(10.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2