S.T.Govindan v. State Of Tamilnadu Through
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 14.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.20373 of 2004 and WP.MP.No.24505 of 2004 S.T.Govindan
...Petitioner
Vs
1. State of Tamil Nadu through Secretary (Statistics Department), Fort St.George, Chennai - 9.
2. The Regional Joint Director, Treasury Account Department, 19-A, Warns Road, Contonment, Trichy.
3. Treasury Officer, Namakkal.
4. The Manager, State Bank of India, Rasipuram, Namakkal District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, or any other writ or order of similar nature calling for the records relating to the order passed by the 2nd respondent in Na.Ka.No.6037/03 dated 17.12.2003 along with the consequential letter of the 4th respondent dated 12.02.2004 and quash the same thereby forbearing the respondents from implementing the order of the 2nd respondent dated 17.12.2003 and the consequential letter of the 4th respondent dated 12.02.2004.
For Petitioner : Mr.A.R.Nixon For Respondents: Mr.K.Rajendra Prasad, AGP for R1 to R3 Mr.R.Kannan for R4 https://hcservices.ecourts.gov.in/hcservices/
O R D E R
The Hon'ble Apex Court in a decision reported in 2015 (4) SCC 334 in the case of State of Punjab and others vs Rafiq Masih (White Washter) and others, has held in Paragraph 18 Sub Clause 2 that recovery from retired employees is impermissible in law. In the present case, the recovery is sought to be made from the petitioner, who is a retired person. By applying the ratio laid down by the Hon'ble Apex Court in the aforesaid decision, the impugned order cannot be sustained.
2. Accordingly, the order of the 2nd respondent in Na.Ka.No.6037/03 dated 17.12.2003, is quashed and the present Writ Petition stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar hvk To
1. The Secretary (Statistics Department) State of Tamil Nadu Fort St.George, Chennai - 9.
2. The Regional Joint Director, Treasury Account Department, 19-A, Warns Road, Contonment, Trichy.
3. Treasury Officer, Namakkal.
4. The Manager, State Bank of India, Rasipuram, Namakkal District.
+1 cc to Mr.A.R.Nixon, Advocate, S.R.No.14293 WP.No.20373 of 2004 and WP.MP.No.24505 of 2004 SR(CO) SSM(19/03/2019).
https://hcservices.ecourts.gov.in/hcservices/