V.Dayanithi vs Edwin Samuel
2024 Latest Caselaw 19010 Mad

Madras High Court

V.Dayanithi vs Edwin Samuel on 26 September, 2024

Author: S.S.Sundar

Bench: S.S.Sundar

                                                                                    Cont.P.No.2302 of 2024

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:   26.09.2024

                                                           CORAM

                                           THE HON'BLE MR.JUSTICE S.S.SUNDAR
                                                               AND

                                           THE HON'BLE MR.JUSTICE K.RAJASEKAR
                                                  Cont.P.No.2302 of 2024

                     V.Dayanithi                                     : Petitioner

                                  versus

                     1.Edwin Samuel,
                       General Manager,
                       Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
                       Vellore Region, Rangapuram,
                       Vellore.

                     2.Senthil,
                       General Manager,
                       Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
                       Tiruvannamalai Region,
                       Tiruvannamalai                        : Respondents


                     Prayer: Contempt Petition filed to punish the respondents for their
                     wilful disobedience and non-compliance of the order passed by this
                     Court in WA No.1702 of 2023 dated 25.07.2023.


                     For the Petitioner           :      Mr.R.Krishnaswamy

                     For the Respondents          :      Ms.S.Pavithra


                     Page 1 of 4



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                                                                                       Cont.P.No.2302 of 2024

                                                               ORDER

(Made by S.S.SUNDAR, J.) This contempt petition is filed alleging wilful disobedience of the order

of this Court in WA No.1702 of 2023 dated 25.07.2023, by the respondents

herein.

2. This Court, while disposing of WA No.1702 of 2023, taking note of the

fact that the employee/original writ petitioner had attained superannuation,

confirmed the order of learned Single Judge and directed implementation of

the directions given by learned Single Judge within a period of four months

from the date of receipt of a copy of the judgment.

3. Today, learned Special Government Pleader appearing for the

Transport Corporation, produced a memo of compliance showing payment of

arrears, in compliance of the order of this Court. The said memo also indicates

that as per the direction of this Court, they have given notional promotion and

calculated arrears. Though arrears of pension has to be paid by Pension Trust,

the Administrator of Pension Trust is not made a party in the present

proceedings. It is seen that pension and pension arrears due to the petitioner

will be disbursed shortly by the Pension Trust. Since the respondent

management has also instructed to pay the arrears of pension immediately, this

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Court finds no contempt as against the respondents.

4. It is open to the petitioner to make a representation before the

Administrator of Pension Trust. If the petitioner makes any representation, the

Administrator shall consider the same and disburse the money due to the

petitioner, within a period of two weeks from the date of receipt of a copy of

this order.

5. If the petitioner is aggrieved by the quantum of payment or any other

claim which the respondents have rejected for reason, it is open to the

petitioner to challenge the same and seek appropriate relief before this Court

in an appropriate writ petition.

6. This contempt petition stands closed.

                                                                        (S.S.S.R., J.)        (K.R.S., J.)
                                                                                   26.09.2024
                     Index                     : Yes/No
                     Neutral Citation          : Yes/No
                     tar








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                                          S.S.SUNDAR, J.
                                                   AND
                                         K.RAJASEKAR, J.
                                                         (tar)









                                             26.09.2024








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