R.Dharmalingam vs The Managing Director
2024 Latest Caselaw 15303 Mad

Madras High Court

R.Dharmalingam vs The Managing Director on 7 August, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                                W.P.(MD)No.17401 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.08.2024

                                                         CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P.(MD)No.17401 of 2022

                     R.Dharmalingam                                    ... Petitioner

                                                           vs

                     The Managing Director,
                     Tamil Nadu State Transport
                     Corporation(Tirunelveli)Limited,
                     23/2, Kattaboman Nagar,
                     Tirunelveli – 627 011.                            ... Respondent

                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a writ of declaration, declaring that the action of the
                     respondent in having recovered a sum of Rs.1,00,800/- towards non-
                     implemented increment cum punishment is illegal, null and void and
                     without Jurisdiction and consequently directing the respondent to refund the
                     above recovered amount of Rs.1,00,800/- together with 6% interest.


                                        For Petitioner     : Mr.C.Thangamani

                                        For Respondent     : Mr.D.Jebaraj
                                                             Standing Counsel
                                                         *****



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https://www.mhc.tn.gov.in/judis
                                                                                      W.P.(MD)No.17401 of 2022


                                                             ORDER

The instant writ petition has been filed by a retired Special Grade

Conductor of the respondent Corporation who attained superannuation on

31.03.2020, seeking to quash the order of the respondent wherein, a sum of

Rs.1,00,800/-(Rupees One Lakh Eight Hundred only) is sought to be

recovered towards non-implemented increment cut.

2.While the petitioner was in service, he was imposed with the

punishment of increment cut and the portion of the increment cut could not

be implemented due to the fact that the petitioner had attained

superannuation on 31.03.2020. At the time of retirement, a sum of

Rs.1,00,800/-(Rupees One Lakh Eight Hundred only) was sought to be

recovered from his leave salary. The said impugned order is under

challenge, the present writ petition has been filed.

3.The issue raised by the writ petitioner is no longer res integra. The

Hon'ble Division Bench of this High Court in The State Express Transport

Corporation(Tamil Nadu) Ltd., Vs. G.Senthil and another in W.A.

(MD)No.1270 of 2020, dated 15.06.2021, has held that when the service

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

rules do not provide for recovery of the non-implemented increment cut,

the authorities are not entitled to recover the same from the terminal

benefits.

4.In view of the Judgment of the Hon'ble Division Bench, the

respondents herein are directed to refund a sum of Rs.1,00,800/-(Rupees

One Lakhs and Eight Hundred only) along with 6% interest from the date of

recovery or till the date of realization.

5.With the above said observations, this writ petition is allowed to the

extent as stated above. No costs.

07.08.2024

NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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

To

The Managing Director, Tamil Nadu State Transport Corporation(Tirunelveli)Limited, 23/2, Kattaboman Nagar, Tirunelveli – 627 011.

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

R.VIJAYAKUMAR, J.

RJR

07.08.2024

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