The Madras High Court dismissed the contempt petition filed for willful disobedience of an order directing payment of retirement benefits and interest, settling the matter with liberty to revive upon non-compliance.
Order closed with liberty to revive in case of non-compliance by the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.02.2018
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA
Contempt Petition No.1466 of 2016 in W.P.(MD)No.22549 of 2015
Seemaisamy ..Petitioner/Petitioner Vs.
1.R.Rengarajan Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., represented by its Managing Director, Kumbakonam.
2.Dharmaraj General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karikudi.
3.Arumugam Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai – 600 002. .. Respondents/Contemnors
Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents herein under Contempt of Court for wilful disobedience of the order of this Court, dated 28.01.2016 passed in W.P.(MD)No.22549 of 2015.
Prayer in WP(MD)No.22549 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 to pay all the retirement benefits payable to the petitioner including Salary arrears in terms of settlement dated 13.04.2015, Gratuity, the Commuted Value of Pension, Leave Salary with enhanced Dearness Allowance at the rate of 100% in terms of G.O.(Ms)No.55 Transport (D) Department dated 04.06.2014 and dearness allowance arrears together with interest at the rate of 18% per annum from the date of his retirement to till the date of settlement within the time that may be stipulated by this Hon'ble Court.
For Petitioner : Mr.A.Rahul https://hcservices.ecourts.gov.in/hcservices/ For R-1 and R-2 : Mr.D.Sivaraman For R-3 : Mr.A.P.Muthupandian
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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.22549 of 2015, dated 28.01.2016.
3.The petitioner claims that all the terminal benefits have already been paid to the petitioner. However, interest on commutation and pay revision arrears 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.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub-Assistant Registrar
To
1.R.Rengarajan, The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
2.Dharmaraj, The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karikudi.
3.Arumugam , The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Tiruvalluvar Illam, Pallavan Salai, Chennai – 600 002.
+One cc to M/s.A.Rahul, Advocate, SR.No.47499 +One cc to M/s.D.Sivaraman, Advocate, SR.No.47053
rj2
RL/6C/2P/KK/SAR1/20/2/2018
Contempt Petition No.1466 of 2016
07.02.2018
1 issue framed by the court
Whether the respondents committed contempt by failing to pay terminal benefits and interest as ordered?
2 provisions across 2 enactments
Seemaisamy
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.
Tamil Nadu State Transport Corporation Pension Fund Trust
S. Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
