Madras High Court
S.John vs Mr.K.Ilangovan on 26 November, 2021
CONT P(MD) No.439 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CONT P(MD)No.439 of 2020
S.John ... Petitioner/Petitioner
Vs.
1.Mr.K.Ilangovan,
Managing Director,
The Management of State Express
Transport Corporation,
(Tamil Nadu) Limited,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-2.
2.Mr.Gunasekaran,
The General Manager,
State Express Transport Corporation
(Tamil Nadu) Limited,
Represented by its Managing Director,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-2. ... Contemnors/Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, to initiate appropriate contempt proceedings against the
contemnors/respondents herein for their willful, wanton and deliberate
non-compliance of the order made in W.P(MD)No.20985 of 2018, dated
1/5
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CONT P(MD) No.439 of 2020
12.10.2018 and to punish the contemnors/Respondents for committing
contempt of court.
For Petitioner : Mr.A.Rahul
For R1 & R2 : Mr.R.Rajamohan
ORDER
Alleging disobedience of the order of this Court in W.P(MD)No.20985
of 2018, dated 12.10.2018, the petitioner has preferred the present
Contempt Petition, to punish the contemnors.
2. According to the learned counsel for the respondents, there was a
non-implemented punishment of increment cut to an extent of Rs.86,400/-
and a sum of Rs.66,400/- was recovered from the petitioner before filing of
the writ petition. This Court, by order, dated 12.10.2018 following the
judgment of the Division Bench of this Court in W.A(MD)No.465 of 2017,
dated 30.06.2017, has held as follows:-
“3.Since the issue is squarely covered by various orders
passed by this Court, in the light of the Division Bench
Judgment in W.A(MD)No.465 of 2017, dated 30.06.2017, this
writ petition is disposed of with a direction to the respondents
to settle the entire terminal benefits due and payable to the
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CONT P(MD) No.439 of 2020
petitioner through twelve equal monthly installments carrying
interest of 6% p.a., The first installment should commence from
November, 2018 and each of the installments should be paid on
or before 10th of each month. In case of any delay in the
payment of the installments, the interest payable would become
18% p.a., for the delayed period apart from any other remedy
which may be available to the petitioner for such non-payment
of the instalments.”
3. Once this Court has came to the conclusion that the principle there
in is applicable to the facts of the case, there cannot be any recovery of
amount with regard to non-implemented punishment cut.
4. According to the respondents, there is no mention in the order as
the amount already recovered shall be paid, but the entire amount has
been paid and part of the amount of Rs.66,400/- has been recovered even
before the filing of the writ petition is to be paid. Once the legal Principles
laid down in the writ appeal in W.A(MD)No.465 of 2017 is made applicable,
it is duty bound to the respondents to return the amount of Rs.66,400/-.
Hence, the respondents are directed to refund a sum of Rs.66,400/- to the
petitioner along with interest at the rate of 4% within a period of one
month from the date of receipt of a copy of this order.
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CONT P(MD) No.439 of 2020
5. In view of the above, the Contempt Petition is closed.
26.11.2021
Index : Yes / No
Internet : Yes / No
am
To
1.Mr.K.Ilangovan,
Managing Director,
The Management of State Express
Transport Corporation,
(Tamil Nadu) Limited,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-2.
2.Mr.Gunasekaran,
The General Manager,
State Express Transport Corporation
(Tamil Nadu) Limited,
Represented by its Managing Director,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-2.
https://www.mhc.tn.gov.in/judis
CONT P(MD) No.439 of 2020
S.VAIDYANATHAN, J.
am
CONT P(MD)No.439 of 2020
26.11.2021
https://www.mhc.tn.gov.in/judis
