Madras High CourtCONT P(MD)/541/2016closed

V.L.Dwarakanath, v. Mr.Vincent,

2016-09-14Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA CONT.P(MD)No.541 of 2016 in W.P(MD)No.21344 of 2015 V.L.Dwarakanath .. Petitioner / Petitioner Vs.

1.Mr.Vincent, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai - 625 010.

2.Mr.Prabhakara Rao, I.A.S., The Secretary to Government of Tamil Nadu, Transport Department, Fort St. George, Secretariat, Chennai - 600 009.

.. Respondents/Respondents Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for the willful and deliberate non-complicance to the directions of this Court dated 01.12.2015 in W.P(MD)No.21344 of 2015.

Prayer in WP(MD). 21344/ 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 settle the petitioners retirement benefits including Gratuity, Leave Salary and old Medical Leave Salary and all other attendant benefits with interest at the rate of 18% per annum within the time that may be stipulated by this Honourable Court.

For Petitioner : Mr.B.Sivakumar For respondents : Mr.A.Jeyaraman

ORDER

This Court, by the order dated 01.12.2015, issued a direction to the respondent Transport Corporation to settle the entire https://hcservices.ecourts.gov.in/hcservices/

terminal benefits of the petitioner in six equal monthly installments and the first installment should commence by making payment on or before 10.01.2016 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month and the said terminal amount shall carry interest @ 6% per annum as per the Division Bench Judgment in W.A(MD) Nos.383 to 457 of 2015, dated 12.06.2015 and in case of delay in making installments, the interest payable, could be 18% for the delayed period.

2.Contending that there is non-compliance of the order and the conduct exhibited by the respondents amounted to willfull disobedience to the order passed by this Court, the present contempt petition has been filed.

3.It is submitted by the learned standing counsel for the respondents that the order has been complied with and the terminal benefits have been settled to the petitioner. 4.Nothing survives for adjudication as the compliance has been reported. Hence, the contempt petition is closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub Assistant Registrar smn To 1.Mr.Vincent, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai - 625 010.

2.Mr.Prabhakara Rao, I.A.S., The Secretary to Government of Tamil Nadu, Transport Department, Fort St. George, Secretariat, Chennai - 600 009.

JAM/24.10.16/SKS-RR/2p-3c ORDER MADE IN CONT.P(MD)No.541 of 2016 in W.P(MD)No.21344 of 2015 14.09.2016 https://hcservices.ecourts.gov.in/hcservices/