K.Gunasekaran v. Muthukrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT P (MD)No.909 of 2016 in WP(MD)No.20982 of 2014 1.K.Gunasekaran (died) 2.G.Devasena 3.G.Suresh Babu 4.G.Rajeshkumar 5.G.Chithradevi .... Petitioner (petitioners 2 to 5 are impleaded as petitioners 2 to 5 in CONT P(MD)No.909 of 2016 vide order dated 10.11.2017 made in Sub.A(MD)No.239/2017) Vs.

1.Muthukrishnan The Managing Director (Incharge) Tamil Nadu State Transport Corporation (Madurai) Ltd, Bye Pass Road, Madurai.

2.Raja Sundar, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd, Madurai Region, Madurai.

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

... Respondents Prayer : This Contempt Petition is filed under Section 11 of Contempt of Courts Act, pleased to commit and punish the respondents for their willful disobedience of the order passed by this Court in WP(MD)No.20982 of 2014 dated 12.04.2016.

Prayer in WP(MD). 20982/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issuea writ of Mandamus directing the respondents to sanction and grant superannuation pension to the petitioner by taking his entire service from the date of his original appointment to the date of superannuation i.e., from March 1977 to 31.3.2014 as pensionable service and consequently direct the respondents to pay him monthly pension, gratuity, commuted value of pension,leave salary all other attendant beneftis with arrears payable to him with effect from 01.04.2014 together with suitable rate of interest payable from 1.4.2014 to till the date of actual payment after adjusting Employer s Provident Fund contribution payable for the period of non-employment from his terminal benefits .

For Petitioner : Mr.C.K.Chandrasekar for Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian

O R D E R

The contemnors are present before this Court. The learned standing counsel appearing for the contemnors produced a cheque for a sum of Rs.79,100/- towards gratuity salary payable to the deceased employee.

2.The learned counsel appearing for the petitioner accepts the same on behalf of the legal representatives of the deceased employee. The contemnors make a statement before this Court that Review Application(MD)Sr.No.19202 of 2017 filed in WA(MD)No.270 of 2017 shall be withdrawn forthwith. The contemnors also make a statement that the order dated 12.04.2016 in WP(MD)No.20982 of 2014 shall be complied with and the entire amount payable to the legal heirs of the deceased employee shall be disbursed within a period of eights weeks from today. The contemnors have filed apology affidavits.

3.Taking note of their subsequent conduct and undertaking, the contempt petition is closed.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar +One cc to Mr.A.Rahul, Advocate, SR.No.43859 skm RL/2C/2P/KK/SAR1/6/2/2018 CONT.P (MD)No.909 of 2016

24.01.2018