D.Vellaiyammal v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.1444 of 2020 D. Vellaiyammal ... Petitioner Vs.

1. The Government of Tamil Nadu Rep. By its Secretary to Government Transport Department Secretariat, Chennai 600 009.

2. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3. The General Manager Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

4. The Administrator Page No.1 of 6

Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Declaration declaring the action of 2nd and 3rd respondents which having been recovered a sum of Rs.3,89,100/- towards non-implementable punishment of increment cut imposed on the petitioner's husband as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to refund her husband's recovered amount of Rs.3,89,100/- to her and settle Gratuity, Arrears of Pension, Commutation of Pension, Social Welfare Fund and other retiral benefits together with 18% interest payable to her with effect from 30.06.2012 within the stipulated time that may be fixed by this Court. For Petitioner :

Mr.N.Sudhagar Nagaraj For Respondent :

Mr.T.Chezhiyan Additional Government Pleader for R1 Mr.R.Babu Standing Counsel for R2 & R3

O R D E R

The petitioner has filed this petition for issuance of Writ of Declaration declaring the action of 2nd and 3rd respondents which having been recovered a Page No.2 of 6

sum of Rs.3,89,100/- towards non-implementable punishment of increment cut imposed on the petitioner's husband as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondents to refund her husband's recovered amount of Rs.3,89,100/- to her and settle Gratuity, Arrears of Pension, Commutation of Pension, Social Welfare Fund and other retiral benefits together with 18% interest payable to her with effect from 30.06.2012.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the issue is covered by the decision of this Court dated 26.11.2019 rendered in W.P.No.21762 of 2019, in which the impugned order in respect of increment cut has been quashed. Aggrieved by the order of the learned single Judge, the Transport Corporation preferred W.A.(MD)No.1270 of 2022 dated 15.06.2021 and the order of the learned single Judge was confirmed by the Division Bench of this Court and the writ appeal was dismissed. The learned counsel further cited another decision of this Court rendered in W.P.(MD)No.16524 of 2022 dated 14.09.2022 in which the order passed by the respondent for recovery Page No.3 of 6

was quashed.

3. In view of the ratio laid down by this Court, the third respondent is hereby directed to reimburse a sum of Rs.3,89,100/- which was recovered from the petitioner along with interest @ 6% p.a. from the date of recovery i.e., 25.06.2012 to till date of settlement / payment. The above amount along with the interest as stated above shall be settled to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction this writ petition stands allowed. No costs. 11.07.2023 dpq Index :

Yes/No Speaking Order :

Yes/No Page No.4 of 6

To:

1. The Government of Tamil Nadu Rep. By its Secretary to Government Transport Department Secretariat, Chennai 600 009.

2. The Managing Director Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

3. The General Manager Corporation (Salem) Ltd., Salem Division, No.12, Ramakrishna Road, Post Box No.713, Salem - 636 007.

4. The Administrator Corporation Employees Pension Fund Trust Thiruvalluvar House, Pallavan Salai Chennai 600 002.

Page No.5 of 6

J. SATHYA NARAYANA PRASAD, J.

dpq Writ Petition No.1444 of 2020 11.07.2023 Page No.6 of 6