High Court · 2025

CONT.P(MD)No.929 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 09.07.2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMEDCONT.P(MD) No.929 of 2025inW.P.(MD) No.2583 of 20221.R.Gnanasekaran, S/o. Ramasamy,2.G.Shanmugapriya, S/o. R.Gnanasekaran,3.G.Balaji, S/o.R.GnanasekaranAll are residing at No.1/97, Kanakagiri Colony,Kakapalayam Post,Sankari Taluk,Salem District 637 504.... Petitionersvs.1. K.Phanindra Reddy IASThe Chairman-com-Principal Secretary to the Government,Transport Corporation, Secretariat, Chennai - 600 009.2. MohanTamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its The Managing Director,New Railway Station Road,Kumbakonam.3. SivakumarTamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its General Finance Officer,New Railway Station Road,Kumbakonam.1/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 20254. MuthukrishnanTamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its General Manager,New Railway Station Road,Kumbakonam.5. BhamaThe Administrator,Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai,Chennai - 600 002. ... RespondentsPRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondents for wilful disobedience of the order passed by this Court, in W.P.(MD) No.2583 of 2022, dated 13.04.2022 as per the Contempt of Courts Act. For Petitioner:Mr.N.DesinghuFor R1 :Mr.P.ThambiduraiGovernment Advocate For R2 to R4:Mr.K.Raamiahstanding counsel For R5:Mr.S.C.Herold Singh standing counsel ORDERThis 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.2583 of 2022, dated 13.04.2022. 2/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 20252.Heard Mr.N.Desinghu, learned counsel for the petitioners, Mr.P.Thambidurai, learned Government Advocate for the first respondent, Mr.K.Raamiah, learned standing counsel for the respondents 2 to 4 and Mr.S.C.Herold Singh, learned standing counsel for the fifth respondent.3.The learned counsel for the petitioners submits that one Maheswari, who was working in the respondent Corporation, died on 17.05.2021 and therefore, on her behalf, her husband and her children have filed the aforesaid writ petition seeking a direction to the respondents to settle the terminal benefits viz., gratuity, provident fund, death benefit fund, encashment of earned leave, family pension and other benefits of Maheswari to the petitioners. 4.This Court, vide judgment and order dated 13.04.2022, had disposed of the aforesaid writ petition with the following directions:-“5.In the present case, the respondents have not produced any records to establish that the deceased employee specifically nominated her mother for the purpose of receiving the gratuity, DCRG etc., and therefore, all such benefits are to be settled in favour of the writ petitioners. In this regard, the petitioners are at liberty to submit all the particulars to the respondents and the respondents shall verify the records and accordingly, settle all the terminal and pensionary benefits due to the deceased employee, as per the rules, as expeditiously as 3/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 2025possible preferably within a period of four months from the date of receipt of a copy of this order.”5.The learned counsel for the petitioners submits that despite the judgment and order passed by this Court in W.P.(MD)No.2583 of 2022, dated 13.04.2022, the respondents have not complied with the directions of this Court and have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 13.04.2022. 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.K.Raamiah, learned standing counsel for the respondents 2 to 4, in compliance of the judgment and order made in W.P.(MD)No.2583 of 2022, dated 13.04.2022, has produced a copy of the order passed by the Assistant Manager (Legal), dated 09.07.2025, in which, it has been stated that the direction issued by this Court, vide order dated 13.04.2022, in W.P.(MD) No.2583 of 2022 has been complied with and as per the directions of this Court, the petitioners, who are the legal heirs of the deceased employee, namely, G.Maheswari, who died on 17.05.2021, were paid the terminal benefits like, Provident Fund, Gratuity, Leave Salary and etc., as follows:- 4/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 2025NoDetailsAmount Remarks1Provident FundRs.13,46,425/-Cheque No.518647, dated 13.03.20232GratuityRs.9,93,938/-Cheque No.518163, dated 13.03.20233Leave SalaryRs.4,72,157/-Cheque No.633965, dated 13.03.20234RBS AmountRs.18,500/-Cheque No.350716, dated 08.06.20235IRT RefundRs.3,000/-Cheque No.768680, dated 19.09.20226Death BenefitsRs.3,00,000/-Cheque No.632576, dated 27.01.20237ESPSRs.37,253/-Paid Ch.No.22044 date 18.10.20238Salary ArrearsRs.39,271/-Paid Ch.No.755208 date 23.06.20257.Further, Mr.S.C.Herold Singh, learned standing counsel for the fifth respondent submits that the direction issued by this Court in W.P.(MD)No.2583 of 2022, dated 13.04.2022 has been fully complied with and as per the directions of this Court, the petitioners were paid the entire pension arrears of G.Maheswari. In this regard, he has produced a chart, dated 09.07.2025, of the Assistant Manager, TNSTC EPFT Chennai, by which the petitioners were given the following payments:-NoAmt.paidRemarksPay date153800.00Pension arrears - ¼07.07.20232161413.0Bal Pension Arrear Fully25.08.20235/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 20258.A copy of the order passed by the Assistant Manager (Legal), dated 09.07.2025 and a copy of the chart of the Assistant Manager, TNSTC EPFT Chennai dated 09.07.2025, which are produced before this Court, are taken on record. 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.2583 of 2022, dated 13.04.2022 has been fully complied with by the respondents and the entire amount due to G.Maheswari, who died, has been paid to the petitioners/the legal heirs of G.Maheswari, as per the directions of this Court. 9.Mr.N.Desinghu, learned counsel for the petitioners appearing through video conferencing from Chennai submits that he has not yet received a copy of the order passed by the Assistant Manager (Legal), dated 09.07.2025 and a copy of the chart of the Assistant Manager, TNSTC EPFT Chennai dated 09.07.2025. Thus, he prays this Court that the petitioners may be given liberty to challenge the same before the competent Court of law, if they are aggrieved with the amount paid towards terminal and pensionary benefits to the petitioners. However, he has no objection, if the respondents are discharged from the contempt proceedings, as the judgment and order of this Court dated 13.04.2022 has been complied with by the respondents and the petitioners were already granted the terminal and pensionary benefits of G.Maheswari, who died, as per the directions of this Court. 6/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 202510.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the judgment and order made in W.P.(MD) No.2583 of 2022, dated 13.04.2022 and the order passed by the Assistant Manager (Legal), dated 09.07.2025 as well as the chart of the Assistant Manager, TNSTC EPFT Chennai dated 09.07.2025 and also considering the fact that the petitioners have been granted the terminal and pensionary benefits of G.Maheswari, who died, as per the directions of this Court, this Court satisfied that the direction issued by this Court in W.P.(MD) No.2583 of 2022, dated 13.04.2022 has been fully complied with by the respondents and thus, no useful purpose will be served in continuing the present contempt proceedings against the respondents. 11.Accordingly, the Contempt Petition is finally disposed of with liberty to the petitioners to challenge the order of the Assistant Manager (Legal), dated 09.07.2025 as well as the order of the Assistant Manager, TNSTC EPFT Chennai dated 09.07.2025 before the competent Court of law, if they so desire and the respondents are discharged from the present contempt proceedings. No costs. The file is consigned to record. Index :Yes / No09.07.2025Internet:Yes / Nomm7/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 2025To1.The Chairman-com-Principal Secretary to the Government,Transport Corporation, Secretariat, Chennai - 600 009.2.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its The Managing Director,New Railway Station Road,Kumbakonam.3.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its General Finance Officer,New Railway Station Road,Kumbakonam.4.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,Rep. by its General Manager,New Railway Station Road,Kumbakonam.5.The Administrator,Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai,Chennai - 600 002.8/9 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.929 of 2025SHAMIM AHMED, J. mmCONT.P(MD) No.929 of 202509.07.20259/9