Madras High Court
N.Velvendan vs The Managing Director on 11 July, 2023
W.P.(MD).No.16637 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.16637 of 2023
N.Velvendan ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam,
Tanjore District.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Trichy Region,
Periyamilaguparai,
Trichirappalli. ... 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
respondents transport Corporation which had recovered a sum of Rs.1,84,736/-
amounts and date of recovery is as follows:
1.Rs.1,40,000/- on 05.03.2021,
2.Rs.4800/- on 05.05.2021,
3.Rs.39,936/- on 23.11.2021 towards non - implementable punishment
imposed on the petitioner as illegal, arbitrary and violative of article 14 of the
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W.P.(MD).No.16637 of 2023
Constitution of India and consequently direct the respondents to refund the
petitioner the recovery amount of Rs.1,84,736/- along with 6% per annum.
For Petitioner : Mr.N.Sudhagar Nagaraj
For R-1 : Mr.K.Jegadeesh Balan
Standing Counsel
For R-2 : Mr.S.C.Herold Singh
ORDER
The present writ petition is for a Writ of Declaration, declaring the action
of respondents transport Corporation, which had recovered a sum of
Rs.1,84,736/- amounts and date of recovery is as follows:
1.Rs.1,40,000/- on 05.03.2021,
2.Rs.4800/- on 05.05.2021,
3.Rs.39,936/- on 23.11.2021 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 recovery amount of Rs.1,84,736/- along with 6% per annum.
2. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
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W.P.(MD).No.16637 of 2023
3. The petitioner joined the respondent Corporation as Driver on
19.06.1987. Thereafter, he retired voluntarily from service as Senior Driver on
31.08.2021, while he was working at the respondents Branch at Lalgudi. At the
verge of the petitioner's retirement, the second respondent imposed non-
implementable punishment of increment cuts and the petitioner paid
Rs.1,40,000/- on 05.03.2021, Rs.4,800/- on 05.05.2021 and Rs.39,936/- on
23.11.2021. In totally, the petitioner paid an amount of Rs.1,84,736/-. For
which, the second respondent duly issued receipt also. Such a payment was
done by the petitioner at the verge of the second respondent's threat that unless
and until he paid the same, his terminal benefits would not be sanctioned. It is
atrocious on the part of the second respondent to direct the petitioner to pay
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.1,84,736/- from the petitioner towards non-implemented
punishment of increment cuts 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.16637 of 2023
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 Standing
Counsel for the first respondent and the learned Counsel for the second
respondent and carefully perused the materials available on record.
6. The learned Standing Counsel for the first respondent fairly conceded
that the petitioner is entitled to recover the amount of Rs.1,84,736/- 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
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W.P.(MD).No.16637 of 2023
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 an amount of Rs.1,84,736/- from the petitioner towards non -
implementable punishment of increment cuts 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 to the recovered
amount.
9. With the above said observation, this writ petition stands disposed of.
There shall be no order as to costs.
11.07.2023
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W.P.(MD).No.16637 of 2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Kumbakonam,
Tanjore District.
2.The General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Trichy Region,
Periyamilaguparai,
Trichirappalli.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16637 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.16637 of 2023
11.07.2023
https://www.mhc.tn.gov.in/judis
