M.Gurusamy v. Rengarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA CONT.P(MD)No.700 of 2016 in W.P(MD)No.21614 of 2015 M.Gurusamy .. Petitioner Vs.

Mr.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

.. Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondent for the willful disobedience of the order of this Court in W.P(MD)No.21614 of 2015, dated 04.01.2016.

Prayer in WP(MD). 21614/ 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 Leave Salary with enhanced dearness allowance at the rate 80% in terms of Letter (Ms) No. 155 Transport (E) Department dated 25.07.2013 and difference in monthly pension, gratuity based on dearness allowance at the rate of 80% 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 and further directing the respondents to pay interest at the rate of 18% per annum for the belated payment of the Provident Fund, Gratuity, the Commuted Value of Pension and Social Security Scheme arrears within the time that may be fixed by this Hon'ble Court. For Petitioner : Mr.A.Rahul For respondent : Mr.D.Sivaraman https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Court, by the order dated 04.01.2016, issued a direction to the respondent Transport Corporation to settle the entire terminal benefits of the petitioner in six equal monthly installments and the first installment shall commence by making payment on or before 10.02.2016 and the amount in each of the remaining installments shall be paid on or before 10th of every succeeding month and the entire 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 respondent that the order passed by this Court has been complied with.

4.Nothing survives for adjudication as the compliance has been reported. Hence, the contempt petition is closed. Sd/ Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To Mr.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.

+1 cc to MR.D.SIVARAMAN, Advocate SR.No.52369 ORDER MADE IN CONT.P(MD)No.700 of 2016 in W.P(MD)No.21614 of 2015 14.09.2016 SMA/SKS-RR/17/10/2016 :2P/3C https://hcservices.ecourts.gov.in/hcservices/