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Madras High CourtCONT P(MD)/1796/2022disposed of

P.Murugesan, v. Sakthivel,

2025-03-17Honourable Mr.Justice Shamim Ahmed5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED P.Murugesan ... Petitioner vs.

1.Sakthivel, General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

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

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for willfully disobeying and not complying with the order of this Court, dated 19.08.2021 in W.P.(MD)No. 14783 of 2021.

For Petitioner :Mr.V.R.Arunkumar For R1 :Mr.K.Jegadeesh Balan For R2 :Mr.S.C.Herold Singh ***** 1/5

O R D E R

Heard Mr.V.R.Arunkumar, learned Counsel for the petitioner, Mr.K.Jegadeesh Balan, learned Standing Counsel for the first respondent and Mr.S.C.Herold Singh, learned Standing Counsel for the second respondent. 2.This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order, dated 19.08.2021 passed by this Court in W.P.(MD)No.14783 of 2021.

3.The Writ Petition filed by the petitioner bearing W.P.(MD)No.14783 of 2021 was disposed of by this Court by order dated 19.08.2021, with a direction to the respondents to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits to the petitioner. The learned Counsel for the petitioner submits that the petitioner was not given 6% interest on the belated payment. Thus, being no alternative, the petitioner has filed the present Contempt Petition with a prayer that the respondents have deliberately and wilfully flouted the judgment and order passed by this Court and thus, they should be summoned and punished for committing contempt of Court by exercising the powers under Sections 11 and 12 of the Contempt of Court Act.

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4.Today, when the matter is taken up by this Court, Mr.K.Jegadeesh Balan, learned Standing Counsel for the first respondent produced a copy of the order passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Kum) Limited, Trichy, which is signed on 07.03.2024, which is taken on record and submits that the judgment and order passed by this Court, dated 19.08.2021 has been fully complied with and the respondents have already paid the interest at the rate of 6%, as directed by this Court. Thus, the learned Standing Counsel for the first respondent submits that as the order has been complied with, the respondents may be discharged from the present contempt proceedings. 5.Mr.V.R.Arunkumar, learned Counsel for the petitioner submits that the order passed by this Court in W.P.(MD)No.14783 of 2021, dated 19.08.

2021, has been fully complied with and the entire amount due to the petitioner has been paid to the petitioner and thus, he prays before this Court that the respondents may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of accordingly. 6.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No.14783 of 2021, dated 19.08.

Limited, Trichy, which is signed on 07.03.2024, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No order as to costs. Index :Yes / No 17.03.2025 Internet :Yes / No (1/2) NCC :Yes / No cmr To 1.The General Manager, Tamilnadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Trichy.

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

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SHAMIM AHMED, J.

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