K.Subbaraj v. Mr.M.Balakrishnasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.1221 of 2016 in W.P.(MD).No.10816 of 2016 K.Subbaraj ... Petitioner Vs.

1. M.Balakrishnasamy Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli ) Ltd., Tirunelveli Region, Tirunelveli-627 001.

2. B.Selva Gomathi Kumar General Manager, Tamil Nadu State Transport Corporation ( Tirunelveli ) Ltd., Tirunelveli Region, Tirunelveli.

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

... Contemnors Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willfully disobeying and not complying with the order of this Court, dated 21.06.2016 in W.P.(MD)No.10816 of 2016.

Prayer in WP(MD). 10816/ 2016 :

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 Provident Fund, Gratuity, Commutation of Pension, Earned Leave Wages and Dearness Allowance payable to him along with monthly pension with reasonable rate of interest within the time that may be stipulated by this Honble Court.

For Petitioner : Mr.G.M.Xavier For R-1 and R-2 : Mr.K.Sathiya Singh For R-3 : Mr.A.P.Muthupandian *** https://hcservices.ecourts.gov.in/hcservices/

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 principal amount.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar + 1 cc TO Mr.G.M.Xavier , Advocate in SR No. 43896 + 1 cc TO Mr.K.Sathiya Singh , Advocate in SR No. 43593 ls/kmi AE/SV MMS/SAR2/06.03.2018/2P/3C ORDER MADE IN Cont. P(MD)No.1221 of 2016 in W.P.(MD).No.10816 of 2016 22.01.2018 https://hcservices.ecourts.gov.in/hcservices/