M.Jothi v. The Managing Diector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P. No.4714 of 2015 M. Jothi ....
Petitioner Vs
1. The Managing Director, 3/137, Salamedu, Vazuthareddy P.O.
Villupuram - 605 602.
2. The General Manager, Kanchipuram Region, Kanchipuram - 631 501.
3. The Administrator, Corporation Employees Pension Fund Trust, Thiruvelluvar Illam, Pallavan Salai, Chennai - 600 002.
....
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order No.54/2054/ sa 11/TNSTC (VPM)-Rgn/2014, dated 25.03.2014 of the 2nd respondent quash the 1/6
order dated 25.03.2014 and consequently to direct the 2nd respondent to restore the basic pay Rs.8195/- + Grade Pay Rs.1,800/-, consequently to direct the 3rd respondent to revise the pension to the petitioner. For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.M.Ashwin Standing Counsel
ORDER
This writ petition has been filed challenging the impugned order No.54/2054/ sa 11/TNSTC (VPM)-Rgn/2014, dated 25.03.2014 passed by the second respondent, thereby imposed punishment by reduction of one stage from his salary.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.
3. While the petitioner was working as Conductor, he was affected by severe diabetic and as such he had sent a letter along with medical certificate to avail leave for the period from 25.06.2013 to 23.01.2014. However, it was not considered and the petitioner was issued with charge memo. Without being satisfied with the explanation submitted by the petitioner, a domestic enquiry was ordered and an 2/6
enquiry was conducted. Based on the findings of the enquiry report, the second respondent imposed punishment, thereby wage reduction one stage from the present basic pay of Rs.8195/- + Grade Pay of Rs.1,800/- to the basic pay of Rs.5,200/- + Grade Pay of Rs.1,600/-, by an order dated 25.03.2014. The said punishment was imposed when the petitioner was having only one month of service. He attained the age of superannuation on 30.04.2014.
4. The learned counsel appearing for the petitioner would submit that Page No.81 of Common Service Rules, Clause No.14, when an employee is reduced to a lower post or grade or lower time scale or to a lower stage in his time scale, the authority ordering such reduction shall state whether it will be permanent or it will be effective for a specified period only. In later case, the authority should state whether on restoration, it shall so operate as to postpone future increments or to affect his seniority and if so, to what extent. Further, the reduction to a lower stage in a time scale is not permissible for any unspecified period or as a permanent measure.
5. Admittedly, the order of punishment does not speak about 3/6
either the restoration period or to what extent the punishment will operate. Therefore, it is contrary to the above Rule. On the sole ground, the order of punishment is set aside and the matter is remanded back to the second respondent for passing fresh order. It is made clear that the second respondent is directed to pass order in accordance with the Common Service Rules, Clause No.14, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is entitled for all benefits subject to the order passed by the second respondent.
6. In the result, this Writ Petition stands allowed. There shall be no order as to costs.
09.08.2023 Lpp Index:Yes/No Internet:Yes/No To
1. The Managing Director, 3/137, Salamedu, Vazuthareddy P.O.
Villupuram - 605 602.
2. The General Manager, 4/6
Kanchipuram Region, Kanchipuram - 631 501.
3. The Administrator, Corporation Employees Pension Fund Trust, Thiruvelluvar Illam, Pallavan Salai, Chennai - 600 002.
G.K.ILANTHIRAIYAN,J.
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