Madras High Court
T.Anandan vs The Government Of Tamil Nadu on 3 August, 2023
W.P.(MD).No.16687 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.16687 of 2022
T.Anandan ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Represented by its Secretary,
Transport Department,
Secretariat,
Chennai-600 009.
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.,
Periyamilaguparai,
Trichy Region,
Trichy District.
4.The Administrator,
Tamil Nadu State Transport Corporation
Employee's Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-600 002. ... Respondents
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W.P.(MD).No.16687 of 2022
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.55,000/- 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 petitioner the recovery amount of
Rs.55,000/- with 18% per annum to the petitioner within the stipulated time
that may be fixed by this Court.
For Petitioner : Mr.N.Sudhagar Nagaraj
For R1 : Mr.N.Muthuvijayan
Special Government Pleader
For R2 & R3 : Mr.K.Jegadeesh Balan
Standing Counsel
For R4 : Mr.S.C.Herold Singh
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.55,000/-
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 petitioner the recovery
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W.P.(MD).No.16687 of 2022
amount of Rs.55,000/- with 18% per annum to the petitioner within the
stipulated time that may be fixed by this Court.
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 services of the respondent Corporation on
26.06.1999. He retired on 30.06.2019. The 3rd respondent by an order, dated
06.09.2019 imposed non-implementable punishment of increment cut amount
of Rs.55,000/- and the same was deducted from the petitioner's pension
amount. It is atrocious on the part of the respondent corporation in deducting
such a hefty amount without prior notice and the same is against the principles
of natural justice. Such an act of the respondent Corporation in recovering an
amount of Rs.55,000/- from the petitioner towards non-implemented
punishment of increment cut is illegal.
4. This matter is already covered by the judgments of the Hon'ble
Division Bench of this Court in W.A(MD)Nos.886 and 887 of 2017 vide order,
dated 12.07.2017 and W.A(MD)No.1270 of 2020, dated 15.06.2021. Hence, in
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W.P.(MD).No.16687 of 2022
view of the same, the respondents are bound to settle the recovered amount to
the petitioner immediately. The non settlement of such amount 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 the learned Counsel for the petitioner, the learned Special
Government Pleader for the first respondent and the learned Standing Counsels
for the respondents 2 ,3 & 4 and perused the materials available on record.
6. The learned Standing Counsel fairly conceded that the petitioner is
entitled to recover the amount of Rs.55,000/- and however, he objected to the
payment of 18% 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 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
applicable to employees / respective first respondents there is no
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W.P.(MD).No.16687 of 2022
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 declares the action of the respondent
Transport Corporation recovering an amount of Rs.55,000/- from the petitioner
towards non - implementable punishment of increment cuts imposed on the
petitioner is illegal, arbitrary and violative of Article 14 of the Constitution of
India and consequently, directs the respondents to refund the recovered amount
of Rs.55,000/- to the petitioner. The said exercise shall be completed within a
period of twelve (12) weeks from the date of receipt of a copy of this order.
9. With the above said observation, this writ petition stands disposed of.
No costs.
03.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
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W.P.(MD).No.16687 of 2022
To
1.The Secretary,
The Government of Tamil Nadu,
Transport Department,
Secretariat,
Chennai-600 009.
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.,
Periyamilaguparai,
Trichy Region,
Trichy District.
4.The Administrator,
Tamil Nadu State Transport Corporation
Employee's Pension Fund Trust,
Thiruvalluvar Illam,
Pallavan Salai,
Chennai-600 002.
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W.P.(MD).No.16687 of 2022
L.VICTORIA GOWRI, J.
gbg
W.P.(MD).No.16687 of 2022
03.08.2023
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