Madras High CourtCONT P(MD)/708/2016closed

R.Mani,Special Grade Driver v. Mr.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 (MD)No.708 of 2016 in W.P.(MD)No.20277 of 2015 R.Mani ..Petitioner/Petitioner Vs.

1.Rengarajan, The Managing Director, Tamil Nadu state Transport Corporation (Kumbakonam) Ltd. Kumbakonam.

2.Arumugam, The Administrator, Tamil Nadu state Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai-02.

..Contemnors/Respondents PRAYER: Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents for their willful disobedience of the order passed by this Honourable Court in W.P(MD)No.20277 of 2015 dated 04.01.2016.

Prayer in WP(MD). 20277/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to pay the petitioner the difference amount in his retirement benefits including difference in Gratuity, monthly pension, Commuted Value of Pension based on 72% Dearness allowance fixed by the Secretary of Transport Department vide Letter (MS) No.201/E/2012 dated 26.12.2012 together with interest at the rate of 18% per annum for the belated settlement of his Gratuity and Commuted Value of Pension from the date of his retirement to till the date of settlement and further directing the respondents to settle his Leave Salary and Post Retirement Benefit Fund amount with interest at the rate of 18% per annum within the time that may be stipulated by this Hon'ble Court. For Petitioner : Mr.A.Rahul For R-1 : Mr.D.Sivaraman For R-2 : Mr.A.P.Muthupandian

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.20277 of 2015, dated 04.01.2016. https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.Rahul, learned counsel for the petitioner, Mr.D.Sivaraman, learned counsel for the first contemnor and Mr.A.P.Muthupandian, learned counsel for the second contemnor.

3. The petitioner claims that all the terminal benefits have already been paid to the petitioner. However, Dearness allowance arrears on Gratuity, leave salary at the rate of 72% of D.A. and PRBF amount of Rs.48,000/- 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. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.Rengarajan, Managing Director, Tamil Nadu state Transport Corporation (Kumbakonam) Ltd. Kumbakonam.

2.Arumugam, Administrator, Tamil Nadu state Transport Corporation Pension Fund Trust, Pallavan Salai, Chennai-02.

+1CC to Mr.A.Rahul, Advocate, SR.No. 47498 +1CC to Mr.D.Sivaraman, Advocate, SR.No. 47048 Contempt Petition (MD)No.708 of 2016 Ls/rj2 AM/GT/SAR 1/22.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/