Madras High CourtSUB A(MD)/378/2024disposed of

Elangovan v. M.Nagendra Pillai

2025-02-20Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY SUB A(MD) NO. 378 of 2024 IN CONT P(MD) NO. 486 OF 2024 Elangovan Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) ltd, Vannarapettai, Tirunelveli-627 003 and others Appellant(s) Vs M.Nagendra Pillai S/o.Manickavasagam Pillai, No.38-D, Pillaiyar Kovil Street, Senthanpudur, Mayiadi Post, Kanyakumari District. Respondent(s) For Petitioners: Mr.D.Jebaraj For Respondent: Mr.A.K.Thangavelu

ORDER

The Learned Counsel appearing for the contemnors has filed the present sub application to clarify the interim order dated 22.11.2024 passed by this Court.

2. In the said order, this Court has recorded the facts that the petitioner was medically discharged, hence the petitioner was granted alternative employment from March 2007 to April 2007. But suddenly the contemnors had declined the alternative employment from May 2007 onwards. This Court considered the 1/4

same and held that the non-granting of alternative employment for subsequent period is the mischief done by the contemnors. In such circumstances, this Court had held that the petitioner is entitled to take the service from 16.06.2009 until he was discharged on 28.07.2015.

3. The present clarification petition is filed raising certain grounds and one such ground is the petitioner has not taken any action from 2008 to 2015. It is for this reason this Court directed to take the period from 2009 onwards.

4. The next ground that was raised is that no contribution was received from the petitioner during the disputed period from 16.06.2009 to 28.07.2015, hence the said period cannot be taken for calculating pension. This Court had held that it is the mischief committed by the respondents by not allowing the petitioner to serve in the already granted alternative employment and the same cannot be a ground to deny the service benefits. Obviously, the petitioner would not have contributed during the disputed period.

5. In the affidavit filed along with the clarification petition the contemnors submitted that based on the order of this Court the respondents have revised the benefits. The pension arrear comes to Rs.4,01,059/-, out the same a sum of Rs.1,56,723/- was deducted towards pension fund contribution for the nonemployment period and the balance sum of Rs.2,44,336/-. And a sum of 2/4

Rs.8,422/- is being paid forward monthly pension to the petitioner. Therefore, this Court is of the considered opinion that the petitioner/employee is entitled to the deducted amount of Rs.1,56,723/- which is calculated for the period from the non-employment period. Therefore, the contemnors are directed to settle the balance amount of Rs.1,56,723/- on or before 03.04.2025.

6. With the above said directions, the sub application is disposed of. Post the case for reporting compliance on 03.04.2025. sd/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Tmg TO 1 ELANGOVAN, MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI) LIMITED, VANNARAPETTAI, TIRUNELVELI-627 003.

2 MERLIN JEYANTHI, GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (TIRUNELVELI) LIMITED, NAGERCOIL REGION, RANITHOTTAM, KANYAKUMARI DISTRICT-629 001. 3 BHAMA, ADMINISTRATOR, TAMIL NADU STATE TRANSPORT CORPORATION, EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR ILLAM, PALLAVANSALAI, CHENNAI-600 002. 3/4

ORDER

IN SUB A(MD) No.378 of 2024 IN CONT P(MD) NO. 486 OF 2024 Date :20/02/2025 NBF / VR /SAR- (13/03/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4