Madras High CourtCONT P(MD)/843/2016closed

K.Ravi v. Rengarajan

2018-02-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2018

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition No.843 of 2016 in W.P.(MD)No.19393 of 2015 K.Ravi ..Petitioner/Petitioner Vs.

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

2.Mr.Gowrisankar, The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam.

3.Mr.Arumugam, The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2. .. Respondents/Contemnors PRAYER: Contempt Petition filed under section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the Contemnors/Respondents and punish them for their willful disobedience of the order of this Court in W.P(MD)No.19393 of 2015 dated 14.12.2015.

Prayer in WP(MD)No.19393 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 1 and 2 to pay the petitioner the retirement benefit amount of Rs.26,08,450/- including Gratuity, the Commuted Value of Pension, Earned Leave Salary, Surrender and Encashment of Unearned Leave Salary on Private Affairs for 90 days and pending in-service leave salary for the years 2012-2013, 2013-2014, 2014-2015 for the period of 54 days with interest at the rate of 18% per annum within the time that may be stipulated by this Hon'ble Court and to grant him the interest at the rate of 18% per annum for the belated settlement of his Provident Fund of Rs.7,78,998/- from the date of retirement to till the date of settlement within the time that may be stipulated by this Hon'ble Court.

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For Petitioner : Mr.A.Rahul For R-1 & R-2 : Mr.D.Sivaraman For R-3 : 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.19393 of 2015, dated 14.12.2015.

2. Heard Mr.A.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 for commuted value of pension is not 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(CSI) /True Copy/ Sub-Assistant Registrar +One cc to Mr.A.Rahul, Advocate, SR.No.45821 +One cc to Mr.D.Sivaraman, Advocate, SR.No.45841 pm RL/3C/2P/CVC/SAR2/27/2/2018 Contempt Petition No.843 of 2016 in W.P.(MD)No.19393 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 01.02.2018