Madras High CourtCONT P(MD)/1378/2016disposed of

E.Tamilarasi, v. Mr.Suresh Palaiya,

2017-11-06Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU CONT.P.(MD)No.1378 of 2016 in WP(MD)No.13064/ 2009 E.Tamilarasi ... Petitioner Vs.

1.Mr.Suresh Palaiya, Managing Director, State Express Transport Corporation Tamilnadu Ltd, Pallavan Salai, Chennai.

2.Mr.Ponmudi, General Manager (Operation), State Express Transport Corporation Tamilnadu Ltd, Pallavan Salai, Chennai.

3.Mr.Sivaraman, Branch Manager State Express Transport Corporation Tamilnadu Ltd, Melur Road, Madurai.

4.Mr.Ponmudi, General Manager (Admin), State Express Transport Corporation Tamilnadu Ltd, Melur Road, Madurai ... Respondents Prayer: Contempt Petition filed under Section 11 of the contempt of Courts Act, 1971, to punish the Contemnors for the willful disobedience to the order in W.P.(MD)No.13064 of 2009 dated 17.04.2013.

Prayer in WP(MD). 13064/ 2009 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling the impugned orders of the 2nd respondent in Miz vz;:20/71960/b.vy;.9/mtp Nghf 2000 dated 09-042001, and to quash the same and further directing the respondents to issue pension and attendance benefits and appointment to the son of the Petitioner on compassionate grounds. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.F.Deepak For Respondents : Mr.K.Sathya Singh,

O R D E R

Heard Mr.F.Deepak, learned counsel appearing for the petitioner and Mr.K.Sathya Singh, learned counsel, appearing for the respondent.

2.The learned counsel for the respondent states that pursuant to the order dated 17.04.2013 passed in W.P.(MD)No.13064 of 2009, the respondent has by letter dated 26.10.2017,informed him that the terminal benefits were settled and pension proposal has been sent to TNSTC EPF Trust for auditing and sanction of pension to the petitioner and the sanction is awaited from the said Trust and the pension will be credited to the bank account of the petitioner in the ensuing month. Further, it is stated that the respondent / Corporation provides compassionate appointment to the dependents of deceased employee only on seniority basis and the nominee name has been registered for this concession in SL.No.296 and as per this death seniority the order will be complied with on seniority basis 3.The learned counsel for the petitioner accepts the same and he has made an endorsement to that effect rescuing liberty to work out the remedy against the concerned authority for payment of pension as well as compassionate appointment, in accordance with law.

4.Recording same, this Contempt petition is closed with such liberty. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar +1cc to Mr.K.SATHYA SINGH Advocate in SR. No. 85774 SMI JS/JC/SAR.3/6.12.2017/2P-2C CONT.P.(MD)No.1378 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 06.11.2017