Madras High CourtCONT P(MD)/1466/2016closed

Seemaisamy v. Mr.R.Rengarajan

2018-02-07Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2018

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition No.1466 of 2016 in W.P.(MD)No.22549 of 2015 Seemaisamy ..Petitioner/Petitioner Vs.

1.R.Rengarajan Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., represented by its Managing Director, Kumbakonam.

2.Dharmaraj General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karikudi.

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

.. Respondents/Contemnors Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents herein under Contempt of Court for wilful disobedience of the order of this Court, dated 28.01.2016 passed in W.P.(MD)No.22549 of 2015.

Prayer in WP(MD)No.22549 of 2015:- 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 pay all the retirement benefits payable to the petitioner including Salary arrears in terms of settlement dated 13.04.2015, Gratuity, the Commuted Value of Pension, Leave Salary with enhanced Dearness Allowance at the rate of 100% in terms of G.O.(Ms)No.55 Transport (D) Department dated 04.06.2014 and dearness allowance arrears together with interest at the rate of 18% per annum from the date of his retirement to till the date of settlement within the time that may be stipulated by this Hon'ble Court. For Petitioner : Mr.A.Rahul For R-1 and R-2 : Mr.D.Sivaraman For R-3 : Mr.A.P.Muthupandian https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The contempt petition has been filed to commit and punish the respondents for their willful disobedience of the order passed by this Court in W.P.(MD)No.22549 of 2015, dated 28.01.2016.

2. Heard Mr.Rahul, learned counsel for the petitioner, Mr.D.Sivaraman, learned counsel for the first and second contemnors and Mr.A.P.Muthupandian, learned counsel for the third contemnor. 3.The petitioner claims that all the terminal benefits have already been paid to the petitioner. However, interest on commutation and pay revision arrears have not been paid. 4.The learned counsel for the contemnors on instructions would submit that the amount due and payable if any shall be calculated and paid to the petitioner, within a period of two months from the date of receipt of a copy of this order. In case of noncompliance, the petitioner can revive the contempt petition. 5.Recording the above submission, this contempt petition is closed with liberty to the petitioner to revive the contempt petition in case of non-compliance.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.R.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

2.Dharmaraj, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karikudi.

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

+One cc to M/s.A.Rahul, Advocate, SR.No.47499 +One cc to M/s.D.Sivaraman, Advocate, SR.No.47053 rj2 RL/6C/2P/KK/SAR1/20/2/2018 Contempt Petition No.1466 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 07.02.2018