Madras High Court
P.K.Natarajan vs M.Daniel Salmon on 5 March, 2025
CONT.P(MD)No.2776 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.2776 of 2024
P.K.Natarajan ... Petitioner
vs.
1.M.Daniel Salmon,
The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Dindigul Region,
Dindigul.
2.Bhama
The Administrator,
Tamil Nadu State Transport Employees' Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai -2. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Court to punish the contemnors/respondents for wilfully disobeying and
not complying with the order of this Court dated 09.09.2021 in Writ
Petition (MD)No.16244 of 2021.
For Petitioner :Mr.V.R.Arunkumar
1/7
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CONT.P(MD)No.2776 of 2024
For Respondents :Mr.L.Jeen Felix for
Mr.S.C.Herold Singh
Standing Counsel
ORDER
This Contempt Petition has been filed to punish the
contemnors/respondents for wilfully disobeying and not complying with
the order of this Court passed in W.P(MD) No.16244 of 2021, dated
09.09.2021.
2. Heard Mr.V.R.Arunkumar, learned counsel for the petitioner and
Mr.L.Jeen Felix, learned counsel for Mr.S.C.Herold Singh, learned
Standing Counsel for the respondents.
3. The short facts of case, led to filing of the Writ Petition bearing
W.P.(MD) No.16244 of 2021, are as follows:-
The petitioner is a retired employee of the respondents Transport
Corporation. The petitioner retired from service on 31.03.2020. The
respondents have settled the retirement benefits to the petitioner only in
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the month of June, 2021. Hence, the petitioner has filed the aforesaid writ
petition seeking for a Writ of Mandamus directing the respondents to pay
6% interest on the delayed payment of retirement benefits paid to the
petitioner.
4. This Court, vide judgment and order dated 09.09.2021, had
disposed of the said writ petition with the following directions:-
“7. In the light of the above observations and with the
consent of both parties, there shall be a direction to the
respondents to pay the penal interest at the rate of 6% per annum
on the belated payment of the retirement benefits for the period
from the date of the retirement till the date of actual disbursement,
as expeditiously as possible and in any event, within a period of
four months from the date of receipt of a copy of this order, subject
to the condition that if the petitioner has not already given up his
right for claiming interest for the retirement benefits.”
5. The learned counsel for the petitioner submits that the order
passed by this Court in W.P.(MD) No.16244 of 2021 dated 09.09.2021
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had not been complied with. Thus, the respondents/contemnors have
wilfully and deliberately flouted the order passed by this Court and are in
contempt of the order of this Court dated 09.09.2021. Thus, they should
be summoned and punished by exercising the powers under Sections 11
and 12 of the Contempt of Courts Act, 1971.
6. Today, when the matter is taken up, Mr.L.Jeen Felix, learned
counsel for Mr.S.C.Herold Singh, learned Standing Counsel for the
respondents has produced a copy of the order dated 09.01.2025 passed
by the first respondent along with a calculation sheet issued by the
respondents, in which it has been stated that the direction issued by this
Court, vide order dated 09.09.2021, in W.P.(MD) No.16244 of 2021 has
been fully complied with and an amount of Rs.21,63,411/-, which
includes an interest of Rs.1,41,185/- at the rate of 6% on the delayed
payment of retirement benefits, has already been paid to the petitioner. A
copy of the order dated 09.01.2025 has been produced before this Court,
which is on record and a copy of the same has also been given to the
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petitioner. Thus, he submits that the respondents may be discharged from
the contempt proceedings, as the judgment and order of this Court in
W.P.(MD) No.16244 of 2021, dated 09.09.2021 has been fully complied
with by the first respondent, vide order dated 09.01.2025.
7. Mr.V.R.Arunkumar, learned Counsel for the petitioner submits
that the respondents may be discharged from the contempt proceedings,
as the judgment and order of this Court dated 09.09.2021 has been
complied with by the first respondent, vide order dated 09.01.2025 and
the petitioner has also received an amount of Rs.21,63,411/-, which
includes an interest of Rs.1,41,185/-.
8. Accordingly, in view of the submissions made by the learned
counsels for the parties and after perusal of the records, the order passed
by the first respondent, dated 09.01.2025 and the calculation sheet issued
by the respondents, this Court satisfied that the direction issued by this
Court in W.P.(MD) No.16244 of 2021, dated 09.09.2021 has been fully
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complied with by the respondents and no useful purpose will be served in
continuing the present contempt proceedings against the respondents.
9. Accordingly, the Contempt Petition is finally disposed of and the
respondents are discharged from the present contempt proceedings. No
costs. The file is consigned to record.
Index :Yes / No 05.03.2025
Internet :Yes / No
NCC :Yes / No
mm
To
1.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Dindigul Region,
Dindigul.
2.The Administrator,
Tamil Nadu State Transport Employees' Pension Fund Trust,
Thiruvalluvar Illam,
Anna Salai, Chennai -2.
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SHAMIM AHMED, J.
mm
05.03.2025
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