Citation : 2025 Latest Caselaw 3682 Mad
Judgement Date : 7 March, 2025
CONT.P(MD)No.1492 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1492 of 2023
P.Suriyan ... Petitioner
vs.
1.Ganesan
The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Dindigul Region,
Bye-pass Road,
Dindigul.
2.K.Bama,
The Administrator,
The Tamil Nadu State Transport Corporation Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai 600 002. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Court to commit and punish the contemnor/respondent for wilfully
disobeying and non complying with the order dated 13.06.2022 in W.P.
(MD) No.11484 of 2022.
1/7
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CONT.P(MD)No.1492 of 2023
For Petitioner :Mr.G.M.Xavier
For Respondents :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.11484 of 2022, dated
13.06.2022.
2. Heard Mr.G.M.Xavier, learned counsel for the petitioner and
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.11484 of 2022, are as follows:-
The petitioner is a retired employee of the respondent Transport
Corporation. The petitioner retired from service on 28.02.2018. The
respondents have settled the retirement benefits to the petitioner only in
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the month of November, 2018. 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 13.06.2022, had
disposed of the said writ petition with the following directions:-
“7. In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement till the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.”
5. The learned counsel for the petitioner submits that the order
passed by this Court in W.P.(MD) No.11484 of 2022 dated 13.06.2022
had not been complied with. Thus, the respondents/contemnors have
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wilfully and deliberately flouted the order passed by this Court and are in
contempt of the order of this Court dated 13.06.2022. 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.S.C.Herold Singh,
learned Standing Counsel for the respondents submits that the direction
issued by this Court, vide order dated 13.06.2022, in W.P.(MD) No.11484
of 2022 has been fully complied with and the entire payment along with
6% interest on the delayed payment of retirement benefits has already
been paid to the petitioner and no amount is due to the petitioner. Thus,
he submits that the respondents may be discharged from the present
contempt proceedings, as the judgment and order of this Court in W.P.
(MD) No.11484 of 2022, dated 13.06.2022 has been fully complied with
by the respondents.
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7. Mr.G.M.Xavier, learned Counsel for the petitioner submits that
the respondents may be discharged from the contempt proceedings, as
his client has received the entire payment as per the direction issued by
this Court in W.P.(MD) No.11484 of 2022, dated 13.06.2022 and no
amount is due to the petitioner. Thus, he submits that he has no objection
if the respondents are discharged from the present contempt proceedings
and the contempt petition may also be disposed of.
8. Accordingly, in view of the submissions made by the learned
counsels for the parties and after perusal of the records, this Court
satisfied that the direction issued by this Court in W.P.(MD) No.11484 of
2022, dated 13.06.2022 has been fully complied with by the respondents
and no useful purpose will be served in continuing the present contempt
proceedings against the respondents.
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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 07.03.2025
Internet :Yes / No
NCC :Yes / No
mm
To
1.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.
2.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.
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SHAMIM AHMED, J.
mm
07.03.2025
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