Madras High CourtCONT P(MD)/1740/2019closed

A.Shanmugananda Bhavan v. Dr.J.Radhakrishnan

2020-01-22Honourable Mr Justice R. Subramanian2 pages

Cont P(MD)No.1740 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Cont P(MD)No.1740 of 2019 A.Shanmugananda Bhavan ... Petitioner/Petitioner Vs.

1.Dr.J.Radhakrishnan Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

(The first respondent deleted vide Court order, dated 03.12.2019 in Cont.P(MD) No.1740/2019 in W.P.(MD)No.24790/2018) 2.Baskaran Managing Director, State Express Transport Corporation Ltd., (SETC) Pallavan Salai, Chennai.

3.Sampath General Manager, State Express Transport Corporation Ltd., (SETC) Pallavan Salai, Chennai.

4.Venkatraj Administrator (Incharge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002. ... Contemnors/Respondents Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Contemnors /Respondents in accordance with law for their wilful disobedience of the order in W.P.(MD)No.24790 of 2018 dated 17.12.2018.

Prayer in WP(MD)No.24790/2018 Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to revise the petitioner's pay for the period from 11.01.2016 to 31.05.2017 based on the terms of 13th settlement dated 04.01.2018 entered under Section 12(3) of Industrial Dispute Act, 1947 and further directing the respondents to pay him the difference amount in his salary for the period from 11.01.2016 to 31.05.2017 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P(MD)No.1740 of 2019 and to pay difference in his retirement benefits including monthly pension, gratuity, leave salary, dearness allowance, commuted value of pension and all other attendant benefits payable to him together with a reasonable rate of interest.

For Petitioner : Mr.N.Sudhagar Nagaraj For R2 and R3 : Mr.K.Sathiya Singh For R4 : No appearance

ORDER

Mr.K.Sathiyasingh, learned counsel appearing for the respondents 2 & 3 has produced the Government Order in G.O.(Ms) No.142, Transport (E) Department, dated 26.08.2019, wherein the Government has directed the implementation of revision of pension for those pensioners, who retired between 01.09.2016 and 31.12.2017 with notional effect from 01.09.2016 and with monetary benefit prospectively.

2.In view of the same, this contempt petition is closed with reserving the liberty of the petitioner to challenge the said Government Order.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) AM To 1.Baskaran Managing Director, State Express Transport Corporation Ltd., (SETC) Pallavan Salai, Chennai.

2.Sampath General Manager, State Express Transport Corporation Ltd., (SETC) Pallavan Salai, Chennai.

3.Venkatraj Administrator (Incharge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House,Pallavan Salai, Chennai - 600 002. +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-2500[F] +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-2747[F] dated 24/01/2020 Cont P(MD)No.1740 of 2019 22.01.2020 SMA/04/02/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2