T.Govindarajan v. Mr.R.Muthukrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2018 C O R A M THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT P(MD)No.1125 of 2016 in W.P.(MD)No.20772 of 2014 T.Govindarajan ... Petitioner/Petitioner Vs.

1.R.Muthu Krishnan, Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Madurai.

2.Baskaran, General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

3.C.Arumugam The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

...Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to initiate contempt proceedings against the contemnors/respondents and punish them for their wilful disobedience of the order of this Court in W.P.(MD)No.20772 of 2014 dated 23.07.2015.

Prayer in WP(MD)No.20772 of 2014: 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 settle the petitioner's retirement benefits including leave salary and all other attendant retirement benefits etc., with interest at the rate of not less than 12% from the date of retirement and further directing the respondents to pay interest at the rate of 12% per https://hcservices.ecourts.gov.in/hcservices/

annum for the belated settlement of retirement benefits such as the commuted value of pension, gratuity etc., to the petitioner payable from the date of retirement i.e., from 30.04.2012 to till the date of actual payment to the petitioner within the time that may be stipulated by the High Court.

For Petitioner : Mr.A.Rahul For R-1 & 2 : Mr.A.Jeyaram For R-3 : Mr.A.P.Muthupandian Standing Counsel for TNSTC

O R D E R

In this case, this Court had directed disbursement of the retiral benefits payable to the employees of the respondent Corporation.

2. It is submitted on either side that the principal amount payable to the writ petitioner has been disbursed in full. But regarding the payment of interest, compliance is yet to be made. Taking note of the substantial compliance on the part of the respondent Corporation and the undertaking given by the Standing Counsel on instructions from the management that the amount due and payable to the writ petitioner by way of interest will be disbursed on or before 30.04.2018, this Contempt Petition stands closed.

3. In the event of non-compliance in terms of the undertaking now given before this Court, it is open to the petitioner herein to file an application for revival of this Contempt Petition, or if there is any dispute regarding the disbursement of the amount in question.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Virudhunagar Region, Virudhunagar.

3.The Administrator, Tamil Nadu State Transport Corporation, Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-600 002.

+One cc to Mr.A.Rahul, Advocate, SR.No.43467 kmi RL/5C/2P/KK/SAR4/6/4/2018 CONT.P(MD)No.1125 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 22.01.2018