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Madras High CourtWP/29573/2015allowed

A.K.Balaiah, v. The General Manager,

2023-01-06Honourable Mrs Justice J. Nisha Banu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU And M.P.No.1 of 2015 A.K.Balaiah ... Petitioner Vs.

The General Manager, Tamil Nadu State Transport Corporation [Kumbakonam] Limited, Kumbakonam Division/Zone, New Railway Station Road, Kumbakonam.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the respondent's information letter No - TNSTC/Kumba/No3/Special/13, dated 11.03.2013, and quash the same as illegal and consequently direct the respondent to disburse/settle pension and all other service benefits to the petitioner within the time limit to be stipulated by this Hon'ble Court.

For Petitioner : Mr.K.Senthil Kumar For Respondent : Mrs.S.Sathya Gandhi 1/6

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the respondent's information letter No - TNSTC/Kumba/No3/Special/13, dated 11.03.2013 and to quash the same as illegal and consequently to direct the respondent to disburse/ settle pension and all other service benefits to the petitioner within the time limit to be stipulated by this Court.

2.The petitioner joined the services of the respondent Corporation as Driver on 05.01.1989 and as per the report of the Medical Board dated 11.12.2007, he was terminated from service vide order of the respondent dated 28.02.2008. Thereafter, the petitioner made application claiming the benefits due to him, however, the impugned letter came to be issued. Hence, this writ petition. 3.The learned counsel appearing for the petitioner submitted that without issuing any notice and without conducting any enquiry, the respondent has issued the impugned letter stating that the petitioner has to pay a sum of Rs.1,10,954/- to the respondent, which is un-sustainable one.

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4.The respondent has filed a counter affidavit, wherein paragraph no.5 reads as follows:

'5.The Respondent submits that in continuation of the discharge, when the Respondent took steps for the settlement of the terminal benefits, it was found that the Petitioner suffered various punishments and many of the punishments were unimplemented.

A sum of Rs.1,10,954/- was found to be consequential in implementation of his punishment. As per the practice in vogue, a sum of Rs.1,10,954/- was found to be adjusted. The details of the punishments which is not implemented are set out below:- Date of order Nature of charges Punishment 31.01.2001 Absent for duty Increment cut for 18 months with cumulative effect 28.01.2002 Absent for duty Increment cut for 6 months with cumulative effect 22.04.2002 Absent for duty for 24 months Increment cut for 24 months with cumulative effect 31.05.2002 Absent Increment cut for 24 months with cumulative effect 29.06.2002 Absent Increment cut for 36 months with cumulative effect 3/6

Date of order Nature of charges Punishment 30.09.2002 Absent Increment cut for 6 months with cumulative effect 30.11.2002 Absent Increment cut for 6 months with cumulative effect 25.01.2003 Absent Increment cut for 12 months with cumulative effect 28.02.2003 Absent Increment cut for 36 months with cumulative effect 08.09.2003 Absent Increment cut for 3 months with cumulative effect 06.11.2003 Absent Increment cut for 3 months with cumulative effect 27.03.2004 Absent Increment cut for 3 months with cumulative effect 26.05.2004 Absent Increment cut for 6 months with cumulative effect 07.05.2004 Absent Increment cut for 6 months with cumulative effect 19.08.2004 Absent Increment cut for 3 months with cumulative effect 28.10.2004 Absent Increment cut for 3 months with cumulative effect 31.01.2005 Absent Increment cut for 3 months with cumulative effect 11.04.2005 Absent Increment cut for 12 months with cumulative effect 27.06.2005 Absent Increment cut for 12 months with cumulative effect 15.06.2005 Absent Increment cut for 3 months with cumulative effect 4/6

Date of order Nature of charges Punishment 30.06.2005 Absent Increment cut for 3 months with cumulative effect 31.10.2005 Absent Increment cut for 6 months with cumulative effect 31.10.2005 Absent Increment cut for 3 months with cumulative effect 31.05.2006 Absent Increment cut for 12 months with cumulative effect 25.02.2008 Absent Increment cut for 6 months with cumulative effect 25.02.2008 Absent Increment cut for 46 months without cumulative effect Further the petitioner has also faced the basic reduction also. Since this punishments were to be implemented, the petitioner did not pay the amount above mentioned, the Respondent is unable to disburse the terminal benefits.'

5.Though the respondent has stated that a sum of Rs.1,10,954/- was found to be consequential in implementation of the petitioner's punishment, there is nothing on record to show that notice or opportunity has been given to the petitioner for making his reply. Hence, this Court is inclined to grant the relief sought for in 5/6

this writ petition.

J.NISHA BANU,J.

pri 6.The writ petition is allowed. The impugned letter of the respondent dated 11.03.2013 is quashed. The respondent is directed to disburse/ settle pension and all other service benefits to the petitioner, within a period of three months from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petition is closed.

06.01.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To The General Manager, Tamil Nadu State Transport Corporation [Kumbakonam] Limited, Kumbakonam Division/Zone, New Railway Station Road, Kumbakonam.

And M.P.No.1 of 2015 6/6

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