Mohan G v. The Government of Tamil Nadu

ORDER The present writ petition is for a Writ of Declaration, declaring the action of 2nd and 3rd respondents, which had been recovered a sum of Rs. 15,312/- towards non-implementable punishment of increment cut imposed on the petitioner as illegal, arbitrary and voilative of article 14 of the Constitution of India and consequently direct the respondents to refund to the petitioner the recovery amount of Rs.15,312/-, within the stipulated time that may be fixed by this Court.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.The petitioner joined the respondent Corporation on 15.05.1985. Thereafter, he worked as Canteen Assistant in the second respondent's branch and retired from service on 30.04.2018. While he was working at the second respondent Branch, at the verge of the petitioner's retirement, the second and third respondents imposed non-implementable punishment of increment cut and recovered Rs.15,312/-. Such a deduction is atrocious on the part of the second and third respondents, without prior notice and the same is against the principles of natural justice. Such an act of the respondent Corporation in deducting Rs.15,312/- towards non-implementable punishment of increment cut is illegal.

4.This matter is already covered by the Judgments of the Hon'ble Division Bench of this Court vide orders in W.A(MD)Nos.886 and 887 of 2017, dated 12.07.2017 and W.A(MD)No.1270 of 2020, dated 15.06.2021. Hence, in view of the same, the respondents are bound to refund the deducted 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, Mr.N.Sudhagar Nagaraj, learned counsel appearing for the petitioner, Mr.D.S.Neduncheliyan, learned Government Advocate appearing for the first respondent, Mr.K.Ramaiah, learned Standing Counsel appearing for the second and third respondents and Mr.S.C.Herold Singh, learned Standing Counsel appearing for the fourth respondent. Perused the materials on record.

6.The learned Standing Counsel for the first respondent fairly conceded that the petitioner is entitled to receive the amount of Rs.15,312/-, which was deducted towards non-implementable punishment of increment cut. However, he objected to the payment of 6% interest, which is claimed by the petitioner in his prayer.

¶7This 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 4 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 a sum of Rs.15,312/-, towards non-implementable punishment of increment cut 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 recovered amount to the petitioner.

9.With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

24.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

¶1The Secretary to Government, The Government of Tamil Nadu, Transport Department, Secretariat, Chennai-600009.

¶2The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District.

¶3The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District.

¶4The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai-600002.

L.VICTORIA GOWRI, J.

PNM ORDER IN

24.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI G.Mohan ... Petitioner Vs 1. The Government of Tamil Nadu, Rep. by its Secretary, Transport Department, Secretariat, Chennai-600009. 2. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Railway Station Road, Kumbakonam, Thanjavur District. 3. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Thanjavur District. 4. The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavansalai, Chennai-600002. ... 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 2nd and 3rd respondents, which had been recovered a sum of Rs.15,312/- towards non-implementable punishment of increment cut imposed on the petitioner as illegal, arbitrary and voilative of article 14 of the Constitution of India and consequently direct the respondents to refund to the petitioner the recovery amount of Rs.15,312/-, within the stipulated time that may be fixed by this Court. For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.D.S.Neduncheliyan (R1) Government Advocate Mr.K.Ramaiah (R2, R3) Standing Counsel Mr.S.C.Herold Singh (R4) Standing Counsel