D.Nedunchelian vs The Management Of
2026 Latest Caselaw 1398 Mad

Madras High Court

D.Nedunchelian vs The Management Of on 17 March, 2026

                                                                                        W.P.(MD) No.7161 of 2026


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                         DATED : 17.03.2026

                                                                   CORAM:

                         THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                                    W.P.(MD) No.7161 of 2026


                 D.Nedunchelian                                                                        ... Petitioner

                                                                       -vs-


                 The Management of
                   Tamilnadu State Transport
                   Corporation (Kumbakonam) Ltd.,
                 Trichy Region
                 rep.by its General Manager
                 Trichy                                                                                ... Respondent


                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

                 a writ of mandamus directing the respondent to refund the amount of

                 Rs.2,37,200/- recovered from the petitioner in the name of increment cut

                 recovery, together with 12% interest per annum.


                                   For Petitioner        : Mr.S.Arunachalam

                                   For Respondent        : Mr.K.Ramaiah
                                                           Standing Counsel



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                                                                                   W.P.(MD) No.7161 of 2026


                                                            ORDER

Mr.K.Ramaiah, learned Standing Counsel, takes notice for the

respondent – Transport Corporation.

2. With the consent of both sides, this writ petition is disposed of

at the admission stage.

3. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent – Transport Corporation.

4. This writ petition has been filed seeking a writ of mandamus

directing the respondent – Transport Corporation to refund the amount of

Rs.2,37,200/- recovered from the petitioner in the name of increment cut,

together with 12% interest per annum.

5. Today, when the matter is taken up for hearing, learned

counsel for the petitioner and learned Standing Counsel appearing for the

respondent – Transport Corporation, agreed that the issue that arises for

consideration in this writ petition is squarely covered by the Judgment passed

by the learned Division Bench of this Court vide W.A.(MD) No.1270 of 2020,

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dated 15.06.2021, wherein it was held that the respondent – Transport

Corporation is not entitled to recover any amount towards unimplemented

orders of punishment of postponement of increment and any such attempt on

the part of the respondent – Transport Corporation was held to be without

jurisdiction.

6. In the light of the above, recovery of Rs.2,37,200/- from the

petitioner towards increment cut is found to be declared as illegal, arbitrary

and contrary to law. Consequently, the respondent – Transport Corporation is

directed to refund the amount of Rs.2,37,200/- to the petitioner together with

6% per annum, within a period of four weeks from the date of receipt of a copy

of this order.

7. With the above direction, this writ petition is allowed. No costs.

                                                                                          17.03.2026

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

                 krk



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                                                            MUMMINENI SUDHEER KUMAR, J.

                                                                                                 krk









                                                                            17.03.2026

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