Madras High Court
P.Selvamani vs The Managing Director on 3 August, 2023
W.P.(MD).No.14818 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P(MD)No.14818 of 2023
P.Selvamani ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Kumbakonam,
Thanjavur District.
2.The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Trichy Region,
Periyamilaguparai,
Trichy District. ... 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 recovered a sum of Rs.1,24,000/- towards non-
implementable punishment 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 petitioner the recovered amount of Rs.1,24,000/-
along with 6% per annum within the stipulated time that may be fixed by this
Court.
https://www.mhc.tn.gov.in/judis
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W.P.(MD).No.14818 of 2023
For Petitioner : Mr.N.Sudhagar Nagaraj
For Respondents : Mr.K.Ramaiah
Standing Counsel
ORDER
The present writ petition is for a Writ of Declaration, declaring the action
of 2nd and 3rd respondents which had recovered a sum of Rs.1,24,000/- towards
non-implementable punishment 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 petitioner the recovered amount of Rs.1,24,000/-
along with 6% per annum 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
02.09.1989. He was retired on 31.03.2019. The respondent corporation has
recovered a sum of Rs.1,24,000/- towards non-implementable punishment from
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W.P.(MD).No.14818 of 2023
the petitioner's monthly salary, E.S.P.S amount and pension arrears. 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.1,24,000/- from the petitioner towards non-implemented punishment 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
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 and the learned Standing
Counsels for the respondents and perused the materials available on record.
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W.P.(MD).No.14818 of 2023
6. The learned Standing Counsel fairly conceded that the petitioner is
entitled to recover the amount of Rs.1,24,000/- and 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 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
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.1,24,000/- from the
petitioner towards non - implementable punishment imposed on the petitioner
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W.P.(MD).No.14818 of 2023
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.
1,24,000/- 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
gbg
To
1.The Managing Director,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Kumbakonam,
Thanjavur District.
2.The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Trichy Region,
Periyamilaguparai,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.14818 of 2023
L.VICTORIA GOWRI, J.
gbg
W.P.(MD).No.14818 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
