1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Thursday,the Twenty Second day of December Two Thousand and Eleven PRESENT THE HONOURABLE MR.JUSTICE M. VENUGOPAL CONTEMP PETITION(MD)NO.354 OF 2011 R.Sakthivel :Petitioner/Petitioner -Vs- Thiru.Swaminathan, Managing Director, Tamilnadu State Transport Corporation(Madurai) Division Limited, Bye Pass Road, Madurai-625010. :Respondent/Contemnor Petition filed under section 11 of Contempt of courts Act prayed that this Honourable Court may be pleased to punish the respondent for his willful disobedience of the order passed by this Honourable Court dated 25.07.2011 in WP(MD)10048 of 2006. Prayer in WP(MD)No.10048/2006:Petition filed under article 226 of the Constitution of India to issue writ of declaration declaring that Rule 16(a)(ii) of the Tamilnadu State Transport Corporation Employees Pension Rules and Consequential order dated 17.09.04 passed by the first respondent in Letter No.156391T/2004-I in rejecting the petitioner claim for pension on the basis of Rule 16(a)(ii) and the action of the respondents in not counting the service, prior to the date of the petitioner's regularization for which P.F. Contributions were received as qualifying pensionable service, as illegal arbitrary and unconstitutional and consequently, direct the respondents to pay the petitioner monthly pension with effect from 01.01.2000 to till date and continue to pay monthly pension to the petitioner institute every month. Order:This writ petition coming on for hearing on this day,upon perusing the petition and the affidavit filed in support, and upon hearing the arguments of Mr.A.Rahul, Advocate for the petitioner and of Ms.G.Abarna, Advocate for Mr.B.Pugalendhi Advocate for the Respondent and having stood over for consideration till this day, the court made the following order: The Learned Counsel for the Petitioner(Writ Petitioner) brings it to the notice of this Court that the petitioner herein has figured as the petitioner in W.P.(MD)No.10048 of 2006 before this Court. On 25.02.2011, this Court has allowed the Writ Petition in W.P.(MD)No.10048 of 2006 filed by the petitioner, by quashing the impugned order dated 18.09.2002, passed by the second Respondent in Reference No.Makathu/Oyvuthiyam/448 and further directed the petitioner to forward the relevant papers relating to pension to the second Respondent/ Tamil Nadu State Transport Corporation (Madurai) Division Ltd., within a period of three weeks from the date of receipt of a copy of this order and on receipt of the same, the second Respondent/Transport https://hcservices.ecourts.gov.in/hcservices/ 2 Corporation has been further directed to forward the same to the first Respondent, within a period of three weeks thereafter and also, the second Respondent has been directed to pass necessary orders on merits in the manner known to law and in accordance with law within a period six weeks thereafter. Admittedly, this Court has passed the orders in W.P.(MD)No.10048 of 2006 on 25.02.2011. But till date, the orders passed by this Court in W.P.(MD)No.10048 of 2006 dated 25.02.2011, have not been complied with by the Respondent/Transport Corporation. 2.At this stage, the Learned Counsel for the Respondent/Transport Corporation informs this Court that as against the orders passed by this Court in W.P.(MD)No.10048 of 2006, dated 25.02.2011, a Writ Appeal has been preferred by the Respondent/Transport Corporation and the same has not yet been numbered. 3.It is needless for this Court to state that it is the primordial duty of the Respondent/Transport Corporation to comply with the orders passed by this Court in W.P.(MD)No.10048 of 2006 dated 25.02.2011 and nearly ten months have elapsed from the date of passing the order by this Court on 25.02.2011 in W.P.(MD)No.10048 of 2011. So far, the orders passed by this Court have not been complied with by the Respondent/Transport Corporation. 4.As a final opportunity, the Respondent/Transport Corporation is given time till 02.01.2012 to comply with the orders passed by this Court in W.P.(MD)No.10048 of 2006, dated 25.02.2011, in all respects and to report compliance before this Court on 03.01.2012. It is made clear that the Respondent / Transport Corporation is directed to comply with the orders passed by this Court in true letter and spirit, without any deviation whatsoever. Post on 03.01.2012. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: Thiru.Swaminathan, Managing Director, Tamilnadu State Transport Corporation(Madurai) Division Limited, Bye Pass Road, Madurai-625010. +1CC to Mr.A.Rahul, Advocate. +1CC to Mr.G.Abarna, Advocate. RP/26.12.2011/2P/4C. Cont.P(MD)No.354 of 2011 in WP(MD)No.10048 of 2006 22.12.2011. https://hcservices.ecourts.gov.in/hcservices/