S.Shanmugavel v. Thivambalam Pillai

CONT.P.(MD)No.1975 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.1975 of 2021 in W.P(MD)No.4033 of 2020 S.Shanmugavel : Petitioner .vs.

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

2. Mrs.Bama, The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, 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 of the Hon'ble High Court in W.P.(MD) No.4033 of 2020, dated 27.02.2020.

Prayer in WP(MD). 4033/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents to settle interest at the rate of 18 percent pen annum for the belated payment of the petitioners terminal benefits including Gratuity, Terminal Leave Salary, Commuted Value of pension and Provident Fund from the date of the petitioners retirement to till the date on which the said benefits were settled to him. For Petitioner : Mr.A.Rahul For Respondent : Mr.J.Senthil Kumaraiah https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.1975 of 2021

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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) RM/abr To

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

2. Mrs.Bama, The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai - 600002.

CONT.P.(MD)No.1975 of 2021 24.02.2022 RK(07/03/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2