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Madras High CourtCONT P(MD)/1759/2018closed

A.Lakshmanan, v. Thiru.Sankara Gomathi Kumar,

2022-03-04Honourable Mrs Justice S.Srimathy2 pages

CONT P(MD)No.1759 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY CONT P(MD)No.1759 of 2018 In W.P.(MD).No.7303 of 2016 A.Lakshmanan ... Petitioner/Petitioner Vs.

1.Thiru.Sankara Gomathi Kumar, The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

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

... Contemnors/Respondents PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for wilfully disobeying and not complying with the order of this Court, dated 15.04.2016, in W.P.(MD)No.7303 of 2016.

Prayer in WP(MD). 7303/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st Respondent to pay the petitioner Rs.5,28,358/- towards Gratuity and Rs.3,17,568/- towards Leave Salary and also arrears of wages for the period from 01.09.13 to 28.02.14 payable pursuant new wage settlement together with 18% interest per annum, along with interest amount towards the delayed payment of EPF Employees Contribution amount Rs.5,94,139/- for the period from 28.02.14 to 18.08.15 at the rate as per EPF Scheme and arrears of pension for the period from01.03.2014 by revising his pension together with 18% interest per annum, after calculating all his terminal/pension benefits based on the monthly wages payable to him on the month of his retirement i.s.

, from February, 2014 by revising the same as per the settlement dated 13.04.2015 as ordered by the Hon'nle Division Bench of this Court in its order dated 29.01.2016 in W.A.(MD).No.1457 of 2015 and etc., batch. For Petitioner : Mr.S.Arunachalam For R-1 : Mr.K.Sathiya Singh, For R-2 : Mr.A.Swaminathan https://hcservices.ecourts.gov.

CONT P(MD)No.1759 of 2018

O R D E R

The respondents submitted that the entire amount was paid to the petitioner. However, the petitioner submitted that the entire amount was paid but he prayed for liberty, if there is any discrepancies in the calculations, he may be allowed to agitate the issue. Hence the Contempt Petition is closed with a liberty to challenge, in case, if there is any wrong calculations. This Court is making clear that the petitioner is not granted any liberty to challenge any rate of interest.

2. Accordingly, the Contempt Petition is closed. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr To 1.The General Manager, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Tirunelveli.

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

+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-10474[F] dated 07/03/2022 ) CONT P(MD)No.1759 of 2018 04.03.2022 RK(17/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2