S.Susila, v. Mr.D.S.Vincent,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition(MD)No.755 of 2016 S.Susila ... Petitioner/Petitioner vs.

1)Mr.D.S.Vincent, The Managing Director, Madurai.

2)Mr.N.Rajasundar, The General Manager, Madurai Region, Madurai.

3)Mr.Arumugam, The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

... Contemnors/Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the Contemnors/ Respondents and punish him for the wilful disobedience of the order of the Honourable High Court in WP(MD)No.22492 of 2015 dated 04.01.2016.

Prayer in WP(MD). 22492/ 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 sanction and pay family pension, family benefit fund of Rs.1,50,000/- Provident Fund, Social Security Scheme Amount, Refund of Contribution made towards Institute of Road Transport and all other death cum terminal benefits payable to the petitioner from the date of death of her husband i.e., from 17.12.2006 with interest at the rate of 18% per annum.

For Petitioner : Mr.A.Rahul For Respondents : Mr.A.Jayaram

ORDER

This Court, by the order dated 04.01.2016 in WP(MD)No.22492 of 2015, directed the respondents to settle the retirement benefits due and payable to the petitioner's husband in six equal monthly installments with the first installment on or before 10.02.2016 and also directed that the remaining installments shall be made on or before the 10th day of every month.

2.Contending that the conduct exhibited by the respondents amounted to willfull disobedience to the order passed by this Court, this Contempt Petition has been filed. 3.It is the contention of the learned counsel for the respondents that by Communication dated 06.06.2016, the 2nd respondent has informed the 3rd respondent that the legal heir of Late T.Senthil Arumugam has to remit a sum of Rs.2,34,383/- which includes the interest upto May 2016 at Rs.2,15,280/- and once the said amount is remitted, the pension and pension arrears will be paid.

4.The learned counsel for the petitioner would submit that this amount can be adjusted from the pension arrears to be payable and the balance amount may be paid that would amount to sufficient compliance of the order passed by this Court, for which course, counsel for the 3rd respondent is agreeable.

5.Accordingly, the 3rd respondent is directed to adjust the amount of Rs.2,34,383/- from the pension arrears and to pay the balance of pension and pension arrears to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

This Contempt Petition is closed accordingly. Sd/- Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1)Mr.D.S.Vincent, The Managing Director, Madurai.

2)Mr.N.Rajasundar, The General Manager, Madurai Region, Madurai.

3)Mr.Arumugam, The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-600 002.

+1cc to Mr.A.Rahul, Advocate Sr.No.52588 nbi sm:SKS-RR:18/10/2016:3P/5C Cont.P(MD)No.755 of 2016 15.09.2016