Madras High Court
R.G.V.Vedanantha Rajamani vs The Management Of Tamilnadu State on 17 April, 2023
W.P.(MD).No.8607 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.8607 of 2023
R.G.V.Vedanantha Rajamani ... Petitioner
Vs.
The Management of Tamilnadu State
Transport Corporation (Tirunelveli ) Limited,
Represented by its Managing Director,
Tirunelveli. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondent to
refund the amount of Rs.50,760/-recovered from the terminal benefits of
the petitioner as towards the value of un-effected punishment of
increment cut, together with 6% interest p.a.
For Petitioner : Mr.S.Arunachalam
For Respondent : Mr.D.Jebaraj
Standing counsel
ORDER
By consent of both parties, this writ petition is taken up for
final disposal at the stage of admission itself.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.8607 of 2023
2. The writ petition is filed directing the respondent to refund
the amount of Rs.50,760/-recovered from the terminal benefits of the
petitioner as towards unimplemented increment cut punishment, together
with 6% interest p.a.
3. The issue of deducting the amount from the monetary
benefits of the employee towards unimplementable punishment was dealt
with by the Hon’ble Division Bench in W.A.(MD)No.1270 of 2020, vide
order, dated 15.06.2021, it has been held as under:
“10. In the light of the above legal principle and having
found that there is no provision in the Certified Standing Orders to
pass orders of recovery at the verge of retirement or after retirement
proposing to recover the unimplemented orders of punishment of
postponement of increment, is wholly without jurisdiction. Hence,
for the reasons set out by the learned Single Bench as well as the
reasons which we have observed supra, the order passed in the writ
petition does not call for interference. The learned Single Bench
has allowed the writ petition as prayed for, which would mean that
the respondent workman is also entitled to claim interest at 18%
per annum. In our considered view, 18% interest would be too
exorbitant and we are of the view that a time frame can be fixed for
the respondent-Management to settle the amount of Rs. 75,900/-
and accordingly directed to pay the said sum within a period of 12
weeks, failing which, the Management is directed to settle the
amount together with the interest at the rate of 6% per annum from
the date of order passed in the writ petition, namely, 28.07.2020, till
https://www.mhc.tn.gov.in/judis
the claim is settled.”
W.P.(MD).No.8607 of 2023
4. The Hon'ble Division Bench has also referred another
judgment rendered in the case of Management of Tamil Nadu State
Transport Corporation (Kumbakonam) Ltd., and others Vs.
J.Arumugam and another in W.A.(MD).No.465 of 2013 etc., batch
dated 30.06.2017, wherein the Hon’ble Division Bench had held the
respondent is not empowered to recovery any amount.
5. Following the aforesaid judgments this Court has allowed
writ petitions in W.P.(MD)No.18250 of 2016, W.P.(MD)No.5532 of 2018,
W.P.(MD)No.1294 and W.P.(MD)No.26887 of 2019 vide order dated
16.12.2022. Also allowed W.P.(MD)No.7988 of 2017 vide order dated
14.02.2023.
6. Therefore this Court is of the considered opinion that
unimplementable punishment cannot be a ground to deduct any amount
from terminal benefits, since any punishment beyond the retirement
cannot be implemented. Moreover, it cannot also be implemented, if the
employee died. Therefore, the respondents ought not to have deducted the
said amount since the said amount comes under the “unimplementable
punishment” category.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.8607 of 2023
7. Accordingly, the respondent is directed to refund the
amount of Rs.50,760/- which was deducted from the terminal benefits of
the petitioner. The said exercise shall be completed, within a period of
12 weeks from the date of receipt of a copy of the order.
8. With the above directions, this Writ Petition is allowed.
No Costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 17.04.2023
Internet : Yes
ksa
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.8607 of 2023
S.SRIMATHY, J
ksa
Order made in
W.P.(MD)No.8607 of 2023
17.04.2023
https://www.mhc.tn.gov.in/judis
