Madras High Court
S.Krishnan vs The Managing Director on 3 August, 2023
W.P.(MD).No.18780 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.18780 of 2023
S.Krishnan ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limted,
Bye-pass Road, Madurai-16.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai Region,
Madurai-16. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records connected with impugned order of the third respondent in Parvai:Pasee
Thu/E4/899/2023, dated 19.05.2023 for Rs.66,300/-, quash the same and
consequently direct the respondents to refund the recovered amount of
Rs.66,300/- with interest at the rate of 18% per annum.
For Petitioner : Mr.S.Govindan
For Respondents : Mr.K.Ramaiah
Standing Counsel
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1/6
W.P.(MD).No.18780 of 2023
ORDER
The present writ petition is for a Writ of Certiorarified Mandamus,
calling for the records connected with impugned order of the third respondent
in Parvai:Pasee Thu/E4/899/2023, dated 19.05.2023, for Rs.66,300/-, quash the
same and consequently direct the respondents to refund the recovered amount
of Rs.66,300/- with interest at the rate of 18% per annum.
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.66,300/- as a pre-condition for getting retirement order towards
un-implemented increment cut. By coercion and compulsion, recovery was
effected from the petitioner's May 2023 wages to a tune of Rs.44,550/- and the
balance amount was withheld towards un-implemented punishment of
increment cut in violation of the standing orders of the respondent Corporation.
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W.P.(MD).No.18780 of 2023
4. The said recovery was effected without notice and without giving
opportunity of hearing to the petitioner. Thereafter, the petitioner retired from
service on 31.05.2023. The balance amount of Rs.21,750/- was withheld from
the petitioner's pensionary benefits. The petitioner had raised his strong
objections both for the recovery of the said amount from his May 2023 wages
and also from the pensionary benefits in person as well as vide registered post,
dated 19.06.2023. Challenging the said recovery order, dated 19.05.2023, 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
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
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W.P.(MD).No.18780 of 2023
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 said judgment, since the recovery in this case of the
petitioner is also effected at the verge of his retirement, the impugned order is
hereby quashed and thereafter, the respondents are directed to repay the
recovered amount of Rs.66,300/- with 6% interest within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
7. In the result, this writ petition stands allowed. There shall be no order
as to costs.
03.08.2023
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18780 of 2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limted,
Bye-pass Road, Madurai-16.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai Region,
Madurai-16.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18780 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.18780 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
