Tamil Nadu State Transport Corporation (Salem) Ltd v. P.Kandasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER Writ Appeal No. 2083 of 2025 and CMP No.15800 of 2025 1.Tamil Nadu State Transport Corporation (Salem) Limited, Rep. By its Managing Director, 12, Ramakrishna Road, Salem.

2.Tamil Nadu State Transport Corporation (Salem) Limited, Rep. By its General Manager, 12, Ramakrishna Road, Salem.

3.The Assistant Manager(Personnel) Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem.

... Appellants Vs.

1. R. Kandasamy 1/5

2. The State Transport Corporation Employees Pension Fund Trust, Rep by its Administrator, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002 ... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in WP No. 14190 of 2022 dated 24.01.2024. For Appellants : Mr.M.Aswin For Respondents : Mr.V.Ajoy Khose

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The issue raised in this appeal is squarely covered by the judgments of the Division Benches of this Court in The State Express Transport Corporation (Tamilnadu) Ltd., vs. G.Senthil, made in WA (MD) No.1270 of 2020 dated 15.06.2021 and the Managing Director, Tamilnadu State Transport Corporation (Kumbakonam) Ltd., vs K.Perumal, made in WA (MD) No.417 of 2024 dated 18.03.2024.

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2. The issue relates to recovery of the monetary value of the punishment which could not be implemented due to the superannuation of the employee. This Court has been consistently pronouncing that such recovery is impermissible in the absence of an enabling provision in the Certified Standing Orders of the Transport Corporations. The learned Single Judge had only followed the said judgments of the Division Bench in allowing the Writ Petitions.

3. Hence we see no merit in the Appeal, the Appeal fails and it is accordingly dismissed. It is stated that the order of the Writ Court has since been complied with. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) (K.SURENDER, J.) 08.07.2025 jv Internet : Yes Index : No : No Speaking order 3/5

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem 636 007.

2.The General Manager, The Tamilnadu State Transport Corporation (Salem) Limited, 12, Ramakrishna Road, Salem 636 007 3.The Assistant Manager(Personnel) Tamil Nadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Salai, Salem 7.

4.The Administrator, The State Transport Corporation Employees- Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

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R.SUBRAMANIAN, J.

and K.SURENDER , J.

jv Writ Appeal No. 2083 of 2025 and CMP No.15800 of 2025 08.07.2025 5/5