The Management Of Tamil Nadu State vs S.Venugopal
2023 Latest Caselaw 9931 Mad

                                                              1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 08.08.2023

                                                            CORAM:

                             THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                            AND
                      THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY

                                              W.A(MD)NO.1278 OF 2023
                                                        and
                                              C.M.P(MD)No.9597 of 2023


                     The Management of Tamil Nadu State
                     Transport Corporation(Madurai)Limited,
                     Dindigul Region,
                     represented by its General Manager,
                     Dindigu.                                          :Appellant/Respondent

                                                   .vs.

                     S.Venugopal                                       : Respondent/Petitioner


                     PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
                     praying this Court to set aside the order passed by this Court in
                     W.P(MD)No.19741 of 2018, dated 30.01.2020.


                                       For Appellant              :Mr.J.Senthil Kumaraiah

                                                      JUDGMENT

********* [Judgment of the Court was made by S.S.SUNDAR,J.]

This Writ Appeal is directed against the order passed by the

learned Single Judge in W.P(MD)No.19741 of 2018, dated

30.01.2020, allowing the Writ Petition filed by the respondent/Writ

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Petitioner for issuance of a Writ of Mandamus directing the

respondent therein to refund the amount of Rs.2,04,360/-

recovered from the terminal benefits of the Petitioner in the name of

recovery towards increment cut together with 18% interest per

annum.

2.Heard the learned counsel for the appellant and the Writ

appeal is taken up for disposal at the admission stage itself.

3.It is not in dispute that the Writ Petitioner retired from

service on 30.06.2013. About 1 ½ years before his date of

retirement, a punishment was imposed on him to have a cut in

increment for five years with cumulative effect. Even though the

Writ Petitioner retired from service, during the currency of

punishment, the appellant recovered a sum of Rs.2,04,360/- from

the terminal benefits of the Writ Petitioner towards the value of

uneffected period of punishment with interest at the rate of 18%

pa.The Writ Petition was allowed by the learned Single Judge of this

Court, following the judgment of the Division Bench of this Court in

W.A(MD)No.465 of 2017, dated 30.6.2017. Similar issue came

up for consideration before the Division Bench and the Division

Bench has held that the recovery made from the terminal benefits

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of an employee towards the value of uneffected period of

punishment, is not permissible. The principles followed by the

Division Bench has already been followed by this Court in serveral

judgments.This Court is also convinced that the Writ Petitioner is

entitled to the relief by applying the law laid down by the Division

Bench of this Court in the said judgment. This Court has no reasons

to take a different view in the present Writ Appeal and hence, this

Court finds no merit in the Writ Appeal.

4.Accordingly, the Writ Appeal Stands dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                               [S.S.S.R.,J.]      [D.B.C.,J.]
                                                                           08.08.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     vsn

https://www.mhc.tn.gov.in/judis

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY, J.

vsn

JUDGMENT MADE IN W.A(MD)NO.1278 OF 2023 and C.M.P(MD)No.9597 of 2023

08.08.2023

https://www.mhc.tn.gov.in/judis