In a contempt petition regarding non-compliance of an order directing pension arrears deduction and recalculation, the High Court held that issuance of arrears and monthly pension to the petitioner's wife discharged the obligation.
Contempt petition closed with no punishment imposed due to satisfaction of compliance shown by the respondent.
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.
Contempt Petition No.332 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Contempt Petition No.332 of 2020
B.Munusamy ... Petitioner
Vs.
Thiru.Senathipathy The Managing Director, Tamilnadu State Transport Corporation (Salem) Ltd., Dharmapuri Region, Ramakrishna Road, Salem – 7.
... Respondent
Prayer :
Contempt petition filed under Section 11 of Contempt of Courts Act praying to punish the respondent for having committed contempt by willful disobedience of the order of this Hon'ble Court made in W.P.No.25105 of 2018 dated 27.03.2019.
For Petitioner : Mr.S.T.Varadarajalu For Respondent : Mr.R.Babu
O R D E R
This contempt petition is filed alleging willful disobedience of
the order dated 27.03.2019 made in W.P.No.25105 of 2018.
2.This Court vide order dated 27.03.2019 made in W.P.No.25105 of 2018 directed the respondent to initially deduct the
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Contempt Petition No.332 of 2020
amount from the arrears of pension payable to the petitioner towards the contribution as payable on behalf of the petitioner for the period of his non employment and after such deduction, the entire service, including non-employment period shall be counted for the purpose of calculating pension and pension shall be recalculated and paid to the petitioner, less the pension already paid to the petitioner. Since the said direction was not complied, the petitioner has filed this contempt petition.
3.It is represented by the learned counsel appearing for the respondent that pension arrears of Rs.2,31,669/- vide Canara Bank Cheque No.217204 dated 15.07.2023 was issued to the wife of the petitioner on 18.07.2023 and from May, 2023 onwards, monthly widow pension is being credited through ECS to the savings account of the petitioner's wife.
4.In view of the above, there is no willful disobedience and this Contempt Petition is closed.
21.07.2023
pri Index: Yes/No Internet: Yes/ No
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Contempt Petition No.332 of 2020
M.DHANDAPANI,J.
pri
Contempt Petition No.332 of 2020
21.07.2023
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1 issue framed by the court
Whether the second respondent's issuance of pension arrears and monthly pension to the petitioner's wife constitutes willful disobedience of the court's previous order.
B.Munusamy
Senathipathy
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
