Madras High Court
G.Mohan vs The Government Of Tamil Nadu on 24 August, 2023
W.P.(MD).No.16206 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.16206 of 2021
G.Mohan
... Petitioner
Vs
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Transport Department, Secretariat, Chennai-600009.
2. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Railway Station Road, Kumbakonam, Thanjavur District.
3. The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Kumbakonam, Thanjavur District.
4. The Administrator,
Tamil Nadu State Transport Corporation Employees Pension Fund Trust,
Thiruvalluvar Illam, Pallavansalai,
Chennai-600002.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Declaration, declaring the action of 2nd
and 3rd respondents, which had been recovered a sum of Rs.15,312/- towards
non-implementable punishment of increment cut imposed on the petitioner as
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W.P.(MD).No.16206 of 2021
illegal, arbitrary and voilative of article 14 of the Constitution of India and
consequently direct the respondents to refund to the petitioner the recovery
amount of Rs.15,312/-, within the stipulated time that may be fixed by this
Court.
For Petitioner : Mr.N.Sudhagar Nagaraj
For Respondents : Mr.D.S.Neduncheliyan (R1)
Government Advocate
Mr.K.Ramaiah (R2, R3)
Standing Counsel
Mr.S.C.Herold Singh (R4)
Standing Counsel
ORDER
The present writ petition is for a Writ of Declaration, declaring the
action of 2nd and 3rd respondents, which had been recovered a sum of Rs.
15,312/- towards non-implementable punishment of increment cut imposed on
the petitioner as illegal, arbitrary and voilative of article 14 of the Constitution
of India and consequently direct the respondents to refund to the petitioner the
recovery amount of Rs.15,312/-, within the stipulated time that may be fixed by
this Court.
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W.P.(MD).No.16206 of 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 joined the respondent Corporation on 15.05.1985.
Thereafter, he worked as Canteen Assistant in the second respondent’s branch
and retired from service on 30.04.2018. While he was working at the second
respondent Branch, at the verge of the petitioner's retirement, the second and
third respondents imposed non-implementable punishment of increment cut and
recovered Rs.15,312/-. Such a deduction is atrocious on the part of the second
and third respondents, without prior notice and the same is against the
principles of natural justice. Such an act of the respondent Corporation in
deducting Rs.15,312/- towards non-implementable punishment of increment cut
is illegal.
4.This matter is already covered by the Judgments of the Hon'ble
Division Bench of this Court vide orders in W.A(MD)Nos.886 and 887 of
2017, dated 12.07.2017 and W.A(MD)No.1270 of 2020, dated 15.06.2021.
Hence, in view of the same, the respondents are bound to refund the deducted
amount to the petitioner immediately. The non settlement of such amount
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W.P.(MD).No.16206 of 2021
would amount to the violation of right to livelihood of the petitioner guaranteed
under Article 21 of the Constitution of India and hence, this writ petition came
to be filed.
5.Heard, Mr.N.Sudhagar Nagaraj, learned counsel appearing for
the petitioner, Mr.D.S.Neduncheliyan, learned Government Advocate
appearing for the first respondent, Mr.K.Ramaiah, learned Standing Counsel
appearing for the second and third respondents and Mr.S.C.Herold Singh,
learned Standing Counsel appearing for the fourth respondent. Perused the
materials on record.
6.The learned Standing Counsel for the first respondent fairly
conceded that the petitioner is entitled to receive the amount of Rs.15,312/-,
which was deducted towards non-implementable punishment of increment cut.
However, he objected to the payment of 6% interest, which is claimed by the
petitioner in his prayer.
7. This Court is inclined to follow the common judgment passed by
the Hon'ble Division Bench of this Court in W.A(MD)Nos.886 and 887 of
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W.P.(MD).No.16206 of 2021
2017 wherein, this Court dealt with the similar case and the relevant portion of
which is extracted as follows:
“4. The learned Counsel appearing for the Corporation
could not dispute the factual position that in the standing
orders 4 applicable to employees / respective first
respondents there is no provision to effect such
recoveries. The learned Single Judge following the order,
dated 24.02.2015, rendered by an earlier Division Bench
in W.A(MD)Nos.52 to 54 of 2015, held that permitting the
Corporation to deduct the “non implemented punishment
of increment cuts” cannot be considered as just or
equitable. The case on hand is clearly covered by the
aforesaid earlier Division Bench decision and the
learned Single Judge was right in the following same.”
8.In view of the same, this Court is inclined to issue a Writ of
Declaration, declaring the action of the respondent Transport Corporation
recovering a sum of Rs.15,312/-, towards non-implementable punishment of
increment cut imposed on the petitioner as illegal, arbitrary and violative of
Article 14 of the Constitution of India and consequently direct the respondents
to refund the recovered amount to the petitioner.
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W.P.(MD).No.16206 of 2021
9.With the above said observation, this writ petition stands
disposed of. There shall be no order as to costs.
24.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
To
1. The Secretary to Government,
The Government of Tamil Nadu,
Transport Department,
Secretariat, Chennai-600009.
2. The Managing Director,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Railway Station Road, Kumbakonam, Thanjavur District.
3. The General Manager,
Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
Kumbakonam, Thanjavur District.
4. The Administrator,
Tamil Nadu State Transport Corporation Employees Pension Fund Trust,
Thiruvalluvar Illam, Pallavansalai,
Chennai-600002.
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W.P.(MD).No.16206 of 2021
L.VICTORIA GOWRI, J.
PNM
ORDER IN
W.P.(MD).No.16206 of 2021
24.08.2023
https://www.mhc.tn.gov.in/judis
