G.Sankaradass v. M.Daniel Salmon

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.7508 of 2021 G.Sankaradass, S/o.Gurusamy, Mettukadai, Kanniyapuram, Dindigul District.

Petitioner/Petitioner Vs 1.Thiru.M.Daniel Salmon, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.Tmt.Bhama, The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/Respondents for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.7508 of 2021, dated 01.04.2021.

For Petitioner : Ms.R.Praveena For Mr.S.Arunachalam For Respondents : Mr.S.C.Herold Singh Standing Counsel 1/5

ORDER

Heard Ms.Praveena, for Mr.S.Arunachalam, learned counsel for the Petitioner and Mr.S.C.Herold Singh, learned Standing Counsel for the Respondents.

2. When the matter was taken up for hearing on 17.02.2025, this Court passed the following order:

"Mr.S.C.Herold Singh, learned Standing Counsel for the respondents has made a request that he will file a compliance affidavit on 19.02.2025 and also bring the cheque amount to the petitioner, as per the direction issued by this Court, dated 01.04.2021 in W.P.(MD)No. 7508 of 2021.

2. Ms.Praveena, learned Counsel for the petitioner has no objection to the request made by the learned Standing Counsel for the respondents.

3. Put up this case on 19.02.2025 at 10.30 am "for orders".

3. In compliance with the order passed by this Court dated 17.02.2025 in the present contempt petition, Mr.S.C.Herold Singh, the learned Standing Counsel appearing for the Respondents, has filed a compliance affidavit of Mr.V.Krishnamoorthy, the General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul District, and submitted that the balance amount of interest to the tune of Rs.70,739/- has been paid through ECS on 18.02.2025. He further submits that the entire interest has 2/5

been paid to the Petitioner, and no amount is due as on date. For better clarity, the relevant table from Paragraph No.7 of the affidavit filed by Mr. Krishnamoorthy is re-produced below:

SI.No Nature of payment Amount Paid (Rs) Mode of Payment 1.

Provident Fund Interest @ 6% 78,057/- Thro' ECS on 17.02.2022 Thro' ECS on 22.02.2022 2.

Gratuity Interest @ 6% 84,646/- Thro' ECS on 17.02.2022 Thro' ECS on 22.02.2022 3.

Leave Salary Interest Amount @ 6% 5,4237/- Thro' ECS on 22.02.2022 4.

Commutation Interest Amount @ 6% 70,739/- Thro' ECS on 12.08.2021 Thro' ECS on 18.02.2025

4. Thus, Mr.S.C.Herold Singh, the learned Standing Counsel submits that the entire amount directed by this Court vide order dated 01.04.2021 passed in W.P.(MD)No.7508 of 2021 has been complied with, and no amount is due to be paid to the Petitioner. A detailed payment schedule is provided in paragraph 7 of the affidavit filed by Mr. Krishnamoorthy. Therefore, he prays that the Respondents be discharged from the contempt proceedings.

5. Ms.R.Praveena, learned counsel for the Petitioner, submits that the Petitioner has received the amount mentioned in paragraph 7 of the affidavit filed by Mr. Krishnamoorthy. She further states that she has no objection to discharging the Respondents from the contempt proceedings. 3/5

6. In view of the submissions made by the learned counsel for the Petitioner and the affidavit filed by Mr.V.Krishnamoorthy, particularly the averments in paragraph 7, as the entire amount has been paid in compliance with the order dated 01.04.2021 passed in W.P.(MD)No.7508 of 2021, the Respondents are discharged from the contempt proceedings. Accordingly, the Contempt Petition is disposed of. The file shall be consigned to record. No costs.

19.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai - 2.

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SHAMIM AHMED , J.

Nsr Cont..P.(MD)No.2628 of 2024 19.02.2025 5/5