Madras High CourtCONT P(MD)/1708/2019closed

S.Swaminathan v. B.Chandra Mohan

2021-08-06Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR in W.P.(MD) No.19897 of 2018 1.S.Swaminathan 2.M.Manickam ... Petitioners/Petitioners -vs1.Dr.B.Chandra Mohan, I.A.S., Additional Secretary to Government Transport Department Government of Tamil Nadu Secretariat, Chennai-600 009 2.Rajmohan General Manager Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.

Periyamilaguparai, Trichy 3.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 praying to punish the contemnors / respondents in accordance with law for their willful disobedience of the order in W.P.(MD) No.19897 of 2018, dated 17.09.2018.

Prayer in WP(MD). 19897/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to revise the petitioners Dearness Allowance at the rate of 142% for the period from the date of their retirement to till date based on the G.O.Ms.No.125 dated 11.4.2018 and further directing the respondents to grant the arrears of Dearness Allowance from date of their retirement to till date payable to the petitioners together at the rate of 6%. 1/3

For Petitioner :

Mr.N.Sudhagar Nagaraj For Respondent :

Mr.S.Shanmugavel Government Counsel for R1 Mr.D.Sivaraman Standing Counsel for R2

O R D E R

This contempt petition has been filed alleging wilful disobedience of the order, dated 17.09.2018, made in W.P.(MD) No.19897 of 2018.

2. The learned Standing Counsel appearing for the second respondent submitted that the order and directions issued by this Court have been complied with and to that effect he has also produced a copy of the Proceedings of the Administrator in Lr.No.19897-18/1.2/TNSTCEPFI/ RFPC/2018, dated 10.11.2020.

3. The aforesaid proceedings is taken on record. If the petitioners are still aggrieved, it is open to them to challenge the same in the manner known to law.

4. In view of the above, the contempt petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) krk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

Additional Secretary to Government, Transport Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

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+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate(SR-25645[F]dated 09/08/2021) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-25666[F] dated 09/08/2021 ) +1 CC to M/s.GP ( SR-25611[F] dated 09/08/2021 ) in W.P.(MD) No.19897 of 2018 06.08.2021 RK (13.08.2021) 3P 5C 3/3