Madras High Court
M.Paramasivan vs The Managing Director on 27 September, 2023
W.P.(MD).No.23507 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.23507 of 2023
M.Paramasivan ... Petitioner
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye Pass Road,
Madurai-625 016. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Declaration, declaring that the action of
the respondent in having recovered a sum of Rs.60,444/- towards non-
implemented Increment cut punishment is illegal, null and void and without
jurisdiction and consequently directing the respondent to refund the above
recovered amount of Rs.60,444/- together with 6% interest.
For Petitioner : M/s.D.Ramya
For Respondent : Mr.S.Raja
Standing Counsel
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD).No.23507 of 2023
ORDER
The present writ petition has been filed for a Writ of Declaration,
declaring that the action of the respondent in having recovered a sum of
Rs.60,444/- towards non-implemented Increment cut punishment is illegal, null
and void and without jurisdiction and consequently directing the respondent to
refund the above recovered amount of Rs.60,444/- together with 6% interest.
2. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
3. The petitioner challenges the action of the respondent Corporation
recovering a sum of Rs.60,444/- from his retirement benefits towards non-
implemented increment cuts. The fact that the petitioner was imposed with a
punishment of stoppage of increment is not in dispute. Similarly, the fact that
the punishment was not implemented is also not in dispute. Admittedly, the
petitioner retired from service on 31.05.2023. The question of recovery of non-
implemented increment cuts is no longer res integra.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.23507 of 2023
4. The Hon'ble Division Bench of this Court in W.A(MD)Nos.886 and
887 of 2017 in the case of the Managing Director, Tamil Nadu State
Transport Corporation (Kumbakonam) Limited and Others Vs.
S.R.Vishwanathan and Others, dated 12.07.2017 has held that such recovery
cannot be made, particularly, in the absence of any order of recovery having
been passed while the petitioner was in service. The Hon'ble Division Bench
had also followed another judgment passed in W.A(MD)Nos.52 to 54 of 2015
in the case of the Managing Director, Tamil Nadu State Transport
Corporation, Tirunelveli Limited and Others Vs. Mahaboob John and
Others. In view of the categorical pronouncements of the Hon'ble Division
Bench of this Court, this writ petition stands allowed. The recovery of non-
implemented increment cuts is declared illegal. The respondent is directed to
refund the amount recovered along with 6% interest to the petitioner, within a
period of six (6) weeks from the date of receipt of a copy of this order.
5. This writ petition stands allowed, accordingly. There shall be no order
as to costs.
27.09.2023
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.23507 of 2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai) Limited,
Bye Pass Road,
Madurai-625 016.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.23507 of 2023
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.23507 of 2023
27.09.2023
https://www.mhc.tn.gov.in/judis
