Madras High Court
K.Karuppasamy vs The Managing Director on 11 August, 2023
W.P.(MD).No.19485 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.19485 of 2023
K.Karuppasamy ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye-Pass Road, Madurai-16.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Virudhunagar Region,
Virudhunagar.
3.The Assistant Manager,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Sathur Branch,
Virudhunagar District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents to
refund the recovery effected by the third respondent in Receipt 11/No.4100
Rs.22,356/-, dated 10.05.2023 along with interest at the rate of 6% p.a. towards
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W.P.(MD).No.19485 of 2023
unimplemented punishment of postponement of increment in the light of the
judgment of this Court in W.A(MD)No.1270 of 2020, dated 15.06.2021.
For Petitioner : Mr.S.Govindan
For Respondents : Mr.K.Ramaiah
Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the
respondents to refund the recovery effected by the third respondent in Receipt
11/No.4100 Rs.22,356/-, dated 10.05.2023 along with interest at the rate of 6%
p.a. towards unimplemented punishment of postponement of increment in the
light of the judgment of this Court in W.A(MD)No.1270 of 2020, dated
15.06.2021.
2. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
3. The petitioner retired from the service of the respondent Corporation
on 31.05.2023. At the verge of his retirement, he was directed to remit
Rs.22,356/- as a pre-condition for getting retirement order. By coercion and
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W.P.(MD).No.19485 of 2023
compulsion, recovery was effected from the petitioner and only after remitting
the above amount stating that, un-implemented punishment of recovery in
violation to standing orders of the respondent Corporation.
4. The said recovery was effected without notice and without giving an
opportunity of hearing to the petitioner. Thereafter, the petitioner retired from
service on 31.05.2023. The petitioner had raised his strong objection for the
recovery of the above said amount and given a written representation in person
on 09.06.2023. But it was not considered. Hence, this writ petition came to be
filed.
5. The Hon'ble Division Bench of this Court in W.A(MD)No.1270 of
2020, dated 15.06.2021 has dealt with a similar case and passed a favourable
order and the relevant portion of which is extracted as follows:
“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
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W.P.(MD).No.19485 of 2023
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 farme can be fixed for the respondent-Managment 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 the claim is
settled.”
6. In line of the above said judgment, since the recovery in this case of
the petitioner is also effected at the verge of his retirement, the respondents are
directed to refund the recovered amount of Rs.22,356/- together with the
interest at the rate of 6% per annum within a period of twelve (12) weeks from
the date of receipt of a copy of this order.
7. With the above said observation, this writ petition stands disposed of.
There shall be no order as to costs.
11.08.2023
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W.P.(MD).No.19485 of 2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye-Pass Road, Madurai-16.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Virudhunagar Region,
Virudhunagar.
3.The Assistant Manager,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Sathur Branch,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19485 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.19485 of 2023
11.08.2023
https://www.mhc.tn.gov.in/judis
