D.Radhakrishnan vs Prayer : Contempt Petition Filed ...
2023 Latest Caselaw 6252 Mad

                                                                             Cont.P.(MD) No.221 of 2020


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 14.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
                                                          AND
                             THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                             CONT.P.(MD)No.221 of 2020

                 D.Radhakrishnan                                      ... Petitioner / Respondent
                                                          -Vs-

                 Thiru.M.A.Murugesan,
                 Managing Director,
                 Tamil Nadu State Transport Corporation (Madurai) Ltd.,
                 Madurai-16.                                      ...Contemnor / Appellant

                 PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts
                 Act, to punish the respondent / contemnor for willful disobedience of the order
                 passed by this Court in W.A.(MD)No.1322 of 2019, dated 25.11.2019.


                                        For Petitioner    : Mr.S.Govindan
                                        For Respondent    : Mr.J.Senthil Kumaraiah




                 Page 1 of 5



https://www.mhc.tn.gov.in/judis
                                                                                   Cont.P.(MD) No.221 of 2020




                                                           ORDER

[Order of the Court was made by R.SURESHKUMAR, J.]

This Contempt Petition is filed for the alleged disobedience of the

order passed by this Court in W.A.(MD)No.1322 of 2019, dated 25.11.2019.

2.Today, when the matter is taken up for hearing, the learned counsel

for the respondent has submitted that as per the directions given by the Division

Bench of this Court in the said judgment, pensionary benefits of the petitioner

shall be calculated and be paid from September, 2008 to November, 2013.

3.In this context, the learned counsel for the respondent has relied

upon the communication dated 29.02.2020 which reads thus:-

“NkNy fz;Ls;s khz;GkpF ePjpkd;w cj;juTg;gb Vw;fdNt jq;fSf;F jhkjkhf toq;fg;gl;l Xa;t+jpa njhiff;F tl;bj; njhifahf (2011 Kjy; 2013 tiu) &.1>11>734/- njhiff;Fhpa fhNrhiy toq;fg;gl;Ltpl;lJ. jw;nghOJ W.A.(MD)No.1322 / 2019 cj;jutpd; gb 2008 Kjy;

2011 tiuapyhd fhyj;jpw;F toq;fg;gl Ntz;ba tl;bj;njhif

https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.221 of 2020

&.63>642/-f;Fhpa fPo; fz;l fhNrhiy ,j;Jld; ,izj;J jq;fSf;F mDg;gp itf;fg;gLfpwJ.

fhNrhiy vz;-887928-njhif-&.63>642/- dt-27.02.2020- I.O.B.MDU”

4.By relying upon the same, the learned counsel for the respondent

would submit that already interest on pension from 2011 to 2013 was given and

for the period from 2008 to 2011, a sum of Rs.63,642/- ( Rupees Sixty Thousand

Six Hundred and Fourty Two Only) has also been given in the said proceedings

by way of cheque dated 27.02.2020. Therefore, in entirety, interest has been

paid as directed by this Court. Therefore, the order has been fully complied

with. However, the learned counsel for the petitioner would submit that

calculation sheet given by the respondent having been perused, the petitioner

feels that the calculation has not been in consonance with the procedure, which

was in vogue or the method of calculation may not be correct. Therefore, on this

ground still he has got some grievance.

5.Insofar as such liberty is concerned, the Division Bench of this Court

https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.221 of 2020

has stated in the order that if the petitioner has got any grievance with regard to

the computation of the amount, he would be given such liberty to question the

same in a separate proceedings. Retaining the said liberty already given by the

Division Bench of this Court, we feel that the order passed by the Division

Bench of this Court since has been complied with, this Contempt Petition can be

closed, accordingly, it is closed.

                                                        [R.S.K., J.] & [K.K.R.K., J.]
                                                                  14.06.2023

                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 MYR








https://www.mhc.tn.gov.in/judis
                                        Cont.P.(MD) No.221 of 2020




                                      R.SURESH KUMAR, J.
                                                            AND
                                   K.K.RAMAKRISHNAN, J.
                                                            MYR




                                  CONT.P.(MD)No.221 of 2020




                                                     14.06.2023







https://www.mhc.tn.gov.in/judis