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R.Narayanan (Died) vs Palraj

Madras High Court|28 March, 2017

JUDGMENT / ORDER

This contempt petition has been filed alleging wilful disobedience of the order, dated 08.04.2013, made in W.P.(MD) No.4190 of 2013.
2. The writ petition, in W.P.(MD) No.4190 of 2013, was disposed of, on 08.04.2013, by directing the respondent / contemnor to settle the terminal benefits of the writ petitioner along with interest at the rate of 10% per annum, within a period of four weeks from the date of receipt of a copy of that order.
3. The learned Standing Counsel for the Transport Corporation appearing for the respondent submitted that similar orders of the Writ Court were challenged before the Honourable Division Bench of this Court in W.A.Nos.383 to 457 of 2015 and the Honourable Division Bench, vide Judgment dated 12.06.2015, has passed the following order:
?The learned Additional Advocate General submits that he has obtained written instructions vide letter No.7945/E/2015-2 dated 11/6/2015 that the terminal benefits of the appellants would be settled through twelve equal monthly instalments, carrying interest of 6% p.a.
2. The said statement is thus taken on record and the respondents will be bound by the same. We have to keep in mind the judicial pronouncement of the Honourable Supreme Court in D.D.TEWARI (D) THR. LRS. Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD & ORS {2014 (9) SCALE 78}, wherein it is held that in case of any delay in making the payment of the instalments, the interest payable would become 18% p.a., for the delayed period apart from any other remedy which may be available to the appellants for non-compliance of undertaking given to this Court.
3. The instalments to be paid from July 2015 and each instalments should be paid on or before 7th of each month.
4. The writ appeals are disposed of accordingly.?
4. It appears that the above said order passed by the Honourable Division Bench has been complied with by the respondent in respect of certain other employees.
5. Considering the fact that similar directions issued as in the instant case have been modified by the Honourable Division Bench of this Court, this Court is inclined to issue appropriate directions, so that the petitioner (substituted petitioner) would be entitled to receive interest as quantified by the Honourable Division Bench in respect of the similarly placed persons.
6. Accordingly, the contempt petition stands disposed of in terms of the Judgment made by the Honourable Division Bench, dated 12.06.2015, made in W.A.Nos.383 to 457 of 2015 and the respondent is directed to settle the terminal benefits of the petitioner in equal instalments and the first instalment has to be paid from May 2017 and the amount in each of the remaining instalments should be paid on or before 7th of each month till the entire payment is made. No costs.
To:
Palraj, The Tamil nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai-625 010..
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Title

R.Narayanan (Died) vs Palraj

Court

Madras High Court

JudgmentDate
28 March, 2017