Madras High CourtWA(MD)/465/2017partly allowed

P.Sundararajan,Selection Grade v. The Tamilnadu State Transport

2017-06-30Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan69 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2017

CORAM:

The Hon'ble Mr. Justice T.S.Sivagnanam and The Hon'ble Mr. Justice P.Velmurugan W.A.[MD].Nos.465, 231, 232, 238, 239, 280, 311, 388, 221, 87, 66, 68, 74, 75, 77, 78, 31, 38, 89, 110 to 112, 117, 120, 134, 144, 158, 234, 254, 255, 325, 563, 590, 559, 585, 575, 576, 345 to 368, 448 to 455, 470 to 495, 839 to 841, 960 to 964, 1093 to 1096 of 2017, 1277 of 2011 and 197 of 2013 and C.M.P.[MD]Nos.3349 to 3372, 4114 to 4121, 4193 to 4218, 5752 to 5754, 6469 to 6473 of 2017 and 2 of 2013 in W.A.(MD)Nos.345 to 368, 448 to 455, 470 to 495, 839 to 841, 960 to 964 of 2017 and 197 of 2013 respectively. P.Sundarajan ..Appellant in WA(MD)No.465/17 A.Ramaraj ..Appellant in WA(MD)No.231/17 L.Mani ..Appellant in WA(MD)No.232/17 P.Rajamanickam ..Appellant in WA(MD)No.238/17 N.Rajasekaran ..Appellant in WA(MD)No.239/17 A.Navamani ..Appellant in WA(MD)No.

280/17 P.Selvaraj ..Appellant in WA(MD)No.311/17 R.Rajendran ..Appellant in WA(MD)No.388/17 V.Balu ..Appellant in WA(MD)No.221/17 K.Vellaiyan ..Appellant in WA(MD)No.87/17 R.Karthikeyan ..Appellant in WA(MD)No.66/17 K.Thangaiyan ..Appellant in WA(MD)No.68/17 R.Subramanian ..Appellant in WA(MD)No.74/17 D.Gnanasekaran ..Appellant in WA(MD)No.75/17 K.Govindaraj ..Appellant in WA(MD)No.77/17 M.Elumalai ..Appellant in WA(MD)No.78/17 M.Dhurai ..Appellant in WA(MD)No.31/17 P.Suseela ..Appellant in WA(MD)No.38/2017 A.Asokan ..Appellant in WA(MD)No.89/17 K.Senthamilselvan ..Appellant in WA(MD)No.110/17 R.Balachandran ..Appellant in WA(MD)No.111/17 S.Pitchaimuthu ..Appellant in WA(MD)No.112/17 K.Pakkirisamy ..Appellant in WA(MD)No.117/17 G.Anbalagan ..Appellant in WA(MD)No.120/17 Ganesan ..Appellant in WA(MD)No.134/17 S.Sampath ..

Appellant in WA(MD)No.144/17 K.Kanthasamy ..Appellant in WA(MD)No.158/17 M.Ganapathy ..Appellant in WA(MD)No.234/17 S.Perumal ..Appellant in WA(MD)No.254/17 S.Jothinathan ..Appellant in WA(MD)No.255/17 V.P.Prabakaran ..Appellant in WA(MD)No.325/17 K.Chandrasekaran ..Appellant in WA(MD)No.

The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., rep by its Managing Director, Kumbakonam 2.

The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

The Assistant Manager (Personnel), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

... Appellants in WA(MD)No.590/17 S.Balasubramanian ... Appellant in WA(MD)No.559/17 P.Sekar ... Appellant in WA(MD)No.585/17 U.Joseph ...Appellant in WA(MD)Nos.575 and 576/17 1.

The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Rep. by its Managing Director, Kumbakonam, Thanjavur District.

The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

..1st and 2nd Appellants in WA(MD)Nos.345,346,347,348,349,351, 352,353,354,355,356,357,358,359,360,362,363,364, 365,366,367,368,448,449 of 2017 3.

The Assistant Manager (Personnel), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

...3rd Appellant in WA(MD) Nos.345/17 and 347, 348,349,352/17

The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Rep. by its Managing Director, Kumbakonam ..Appellant in WA(MD)No.350/17 The Assistant Manager (Admn), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

..3rd Appellant in WA(MD)No.353/17 The Assistant Manager (Personnel), Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Trichy Region, Trichy District.

3rd Appellant in WA(MD)Nos.354/17, 355,356,357,358,359,360,361,362,363,364,365,366,368,479, 962 The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Rep. by its Managing Director, Kumbakonam ..1st Appellant in WA.361/17,450,451,452,453,454,455,470,471,472,473,472,475,476,477, 478,479,480,481,482,483,484,485,486,487,488,489,490,491, WA(MD) Nos.492,493,494,495,840,841,962,963,964 and 197/13 The General Manager , Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Karur Region, Karur .. 2nd Appellant in WA.361/17, 841/17 The General Manager, T.N.S.T.C. (Kumbakonam) Ltd., Pudukkottai Region, Pudukkottai ..2nd Appellant in WA(MD)Nos.450,.451, 452,453/17 The General Manager , T.N.S.T.C(Kumbakonam) Ltd., Karaikudi Region, Karaikudi ..2nd Appellant in WA(MD)Nos.454/17, 455/17 The General Manager, T.N.S.T.

C (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam ..2nd Appellant in WA(MD) Nos.470/17,471,472,473,474,475,476,477,478,481,482,483,484,485,486 ,487,488,489,491,492,493,494,495/2017 The Assistant Manager, (Admn)., T.N.S.T.C (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam ..3rd Appellant in WA.

The General Manager, T.N.S.T.C. (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam ..

2nd Appellant in WA(MD)Nos.479/17,480,490/17 The Assistant Manager (Personnel) T.N.S.T.C (Kumbakonam) Ltd, rep Kumbakonam Region, Kumbakonam ..3rd Appellant in WA(MD)No.485/17 The Management of T.N.S.T.C (Kumbakonam) Ltd., Trichy Region, rep by its Managing Director, Trichy ..Appellant in WA(MD)Nos.839/17,960/17 The Assistant Manager (Personnel) T.N.S.T.C (Kumbakonam) Ltd., Trichy Region, Trichy ..2nd Appellant in WA(MD) Nos.840/17.962/17, 3rd Appellant in WA.841/17,963,964/17 The Management of T.N.S.T.C (Kumbakonam) Ltd., Rep by its General Manager, Trichy, Trichy Region ..Appellant in WA(MD)No.961/17 The General Manager, T.N.S.T.C. (Kumbakonam) Ltd., Trichy Region, Trichy ..2nd Appellant in WA(MD)Nos.963/17,964/17 J.Gurunathan ..Appellant in WA(MD)No.1093/17 S.Kaliyaperumal ..Appellant in WA(MD)No.1094/17 V.Pandi ..

Appellant in WA(MD)No.1095/17 P.Samundeeswari ..Appellant in WA(MD)No.1096/17 R.Jaganathan ..Appellant in WA(MD)No.1277/2011 The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd, Rep. by its Managing Director, Kumbakonam ..1st Respondent in WA(MD)Nos.465,231, 232,238,239,311,388,221,87,66,68,74,75,77,78,31,38,89,110,111,112, 117,120,158,234,254,255,325,563,559,585,575,576,1093, 1094,1095/2017.

The Tamil Nadu State Transport Corporation, (Madurai) Ltd., Rep by its Managing Director, By Pass Road, Madurai ..1st Respondent in WA(MD)Nos.280,134,1096/2017 The State Express Transport Corporation Tamil Nadu., Rep by its Managing Director, Pallavan Salai, Chennai-600 002 ..1st Respondent in WA(MD)No.144/2017 The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam ..Sole Respondent in WA(MD)No.277/2011 and 2nd Respondent in WA(MD) Nos.465,232,238,311,388,221,66,74,31,110,111,117,120,158,255,585, 1093,1094/2017 ..2nd Respondent in WA(MD) Nos.231,87,75,77,38,89,112,234,254,325/2017 The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Nagapattinam Region, Nagapattinam .. 2nd Respondent in WA(MD)No.

239/2017 The General Manager, Tamil Nadu State Transport Corporation (Madurai ) Ltd., Madurai Region, Madurai ..2nd Respondent in WA(MD)Nos.280,134,1096/2017 The Assistant Manager, (Personnel), State Express Transport Corporation Tamil Nadu Pallavan Salai, Chennai-600 002 ..2nd Respondent in WA(MD)No.144/2017 The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, Karaikudi ..2nd Respondent in WA(MD)No.563/2017 The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Karur Region, Karur ..2nd Respondent in WA(MD)No.559/2017 The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam .. 2nd Respondent in WA(MD)No.575/2017 .. Respondent in WA(MD)No.

The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukkottai ..2nd Respondent in WA(MD)Nos.576,1095/2017 The Deputy Manager (Accounts and Audit) Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy The Administrator, TNSTC Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai-02 ..2nd Respondent in WA(MD)Nos.68,346,347, 348,349,350,351,353,354,356,357,358,361,364,365,366,368,448,449, 450,451,452,453,454,455,471,472,473,474,475,476,477,478,479,480, 481,482,483,484,485,486,488,489,490,491,493,494,495,840,841,960, 964/2017, 345/17 ...3rd Respondent in WA(MD)Nos.465,238,311,74,77,78, 134,144,325,563,585,576,1094,1095,1096/2017 ..4th Respondent in WA(MD)Nos.231,232,239,280, 388,221,87,66,31,89,111,112,117,120,158,255,559,1093/2017 ...

6th Respondent in WA(MD)No.839/2017 The Assistant Manager, Personnel, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy ..2nd Appellant in WA(MD)No.78/2017 ..3rd Respondent in WA(MD)Nos.231,87,75,38,89,112,234,254,559/2017 The Assistant Manager, Personnel, Tamil Nadu State Transport Corporation (Madurai ) Ltd., Madurai Region, Madurai ...3rd Respondent in WA(MD)No.280/2017 The Assistant Manager, Personnel, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam Region, Kumbakonam ..3rd Respondent in WA(MD)Nos.

The Assistant Manager, Administrator, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam, Kumbakonam ..3rd Respondent in WA(MD) Nos.388,221,66,111,117,120,158,255,1093/2017 The State of Tamil Nadu Rep by its Secretary to Government, Transport, Fort Saint George, Chennai-600 009 ..3rd Respondent in WA(MD)No.575/2017 - P.SUSEELA ... Respondent in WA(MD). 590/ 2017 J.ARUMUGAM ... Respondent in WA(MD). 345/ 2017 K.GOVINDARAJ ... Respondent in WA(MD). 346/ 2017 S.DURAIRAJU ... Respondent in WA(MD). 347/ 2017 A.ASOKAN ... Respondent in WA(MD). 348/ 2017 S.PITCHAIMUTHU ... Respondent in WA(MD). 349/ 2017 K.THANGAIYAN ... Respondent in WA(MD). 350/ 2017 M.ELUMALAI ... Respondent in WA(MD). 351/ 2017 D.GNANASEKARAN ... Respondent in WA(MD). 352/ 2017 R.RAJU ... 1st Respondent in WA(MD). 353/ 2017 V.VELUSAMY ...

Respondent in WA(MD). 354/ 2017 R.RENGARAJU ... Respondent in WA(MD). 355/ 2017 A.RAMARAJ ... 1st Respondent in WA(MD). 356/ 2017 G.RAMALINGAM ... 1st Respondent in WA(MD). 357/ 2017 K.VELLAIYAN ... 1st Respondent in WA(MD). 358/ 2017 D.NAGARAJU ... Respondent in WA(MD). 359/ 2017 M.DURAIRAJ ... Respondent in WA(MD). 360/ 2017 R. DHANDAPANI ... Respondent in WA(MD). 361/ 2017 P. RAMASAMY ... Respondent in WA(MD). 362/ 2017 S. KRISHNAMOORTHY ... Respondent in WA(MD). 363/ 2017 D. SUNDAR ... Respondent in WA(MD). 364/ 2017 P. DURAI ... Respondent in WA(MD). 365/ 2017 A. SANGAPILLAI ... Respondent in WA(MD). 366/ 2017 M.S. PARAMASIVAM ... Respondent in WA(MD). 367/ 2017 V.P. PRABAKARAN ... 1st Respondent in WA(MD). 368/ 2017 K. CHANDRASEKARAN ...1st Respondent in WA(MD).

A. GURUSAMY ... Respondent in WA(MD). 449/ 2017 J. ANANDAKRISHNAN ... 1st Respondent in WA(MD). 450/ 2017 P.UDHAYAKUMAR ... Respondent in WA(MD). 451/ 2017 V. PANDI ... Respondent in WA(MD). 452/ 2017 V. GANESAN ... Respondent in WA(MD). 453/ 2017 S. RAJA ... Respondent in WA(MD). 454/ 2017 V. GANESAN ... Respondent in WA(MD). 455/ 2017 M. MUTHU ... Respondent in WA(MD). 470/ 2017 D. KARUNANITHI ... 1st Respondent in WA(MD). 471/ 2017 S. HARIDHAS ... 1st Respondent in WA(MD). 472/ 2017 M. ALAGARSAMY ... 1st Respondent in WA(MD). 473/ 2017 E.ELANGOVAN ... 1st Respondent in WA(MD). 474/ 2017 S. BABU ... 1st Respondent in WA(MD). 475/ 2017 K. KANTHASAMY ... 1st Respondent in WA(MD). 476/ 2017 L. MANI ... 1st Respondent in WA(MD). 477/ 2017 R. RAJENDRAN ... 1st Respondent in WA(MD). 478/ 2017 M. RAJASEKARAN ... 1st Respondent in WA(MD).

479/ 2017 K. KARUNAKARAN ... 1st Respondent in WA(MD). 480/ 2017 G. ANBALAGAN ..1st Respondent in WA(MD)No.481/2017 V. BALU ... 1st Respondent in WA(MD). 482/ 2017 R. BALACHANDRAN ... 1st Respondent in WA(MD). 483/ 2017 R. KARTHIKEYAN ... 1st Respondent in WA(MD). 484/ 2017 M DHURAI ... 1st Respondent in WA(MD). 485/ 2017 K. PACKIRISAMY ... 1st Respondent in WA(MD). 486/ 2017 K. SENTHAMILSELVAN ... Sole Respondent in WA(MD). 487/ 2017 S. KALIYAPERUMAL ... 1st Respondent in WA(MD). 488/ 2017 S. RAJAMANICKAM ...1st Respondent in WA(MD). 489/ 2017 T. KALIYAPERUMAL ... 1st Respondent in WA(MD). 490/ 2017 P.SELVARAJ ... 1st Respondent in WA(MD). 491/ 2017 G.ANBALAGAN ... Sole Respondent in WA(MD). 492/ 2017 GURUNATHAN ... 1st Respondent in WA(MD). 493/ 2017 S.SEBASTIAN ... 1st Respondent in WA(MD). 494/ 2017 S.JOTHINATHAN ...

1st Respondent in WA(MD). 495/ 2017 1.K. LAKSHMI 2 K. RAVINTHIRA PRASADH 3 K.

4 K. YOGAPRIYA 5 N. NALLASAMY 6 THE ADMINISTRATOR THE TAMILNADU STATE TRANSPORT EMPLOYEES PENSION FUND TRUST, THIRUVALLUVAR HOUSE, PALLAVAN SALAI,CHENNAI600 002. ... Respondents 1 to 5 in WA(MD). 839/ 2017 G. KALAISELVI ... 1st Respondent in WA(MD). 840/ 2017 S. BALASUBRAMANIAN ... 1st Respondent in WA(MD). 841/ 2017 T. SUBRAMANIAN ... 1st Respondent in WA(MD). 960/ 2017 V. VELLAIYAN ... Sole Respondent in WA(MD). 961/ M. GANAPATHY ... Sole Respondent in WA(MD). 962/ S. PERUMAL ... Sole Respondent in WA(MD). 963/ M. SHARFUDEEN ... 1st Respondent in WA(MD). 964/ 2017 N. JOTHI ... Sole Respondent in WA(MD). 197/ 2013 Prayer in WA(MD). 465/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P(MD) No.21790 of 2016 dated 01.12.2016. Prayer in WP(MD). 21790/ 2016 :

Declaration declaring the action of the respondents in imposing a recovery of Rs.49,518/- on the petitioner towards unaffected increment cut and recovering the said amount from his terminal benefits as illegal, arbitrary and consequently direct the Respondents to settle and pay him all the terminal benefits payable to him including gratuity, earned leave salary, Cholan Employees Security Scheme amount and Refund of his contribution made towards medical, engineering polytechnic colleges institutes of road transport amount and dearness allowance arrears in his monthly pension without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 231/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P (MD) No.16978 of 2016 dated 03.11.2016, in so far as not paying interest for the payment of terminal benefits for the following among other

Prayer in WP(MD). 16978/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 25.01.2016 in imposing recovery of Rs.7,79,154/- on the petitioner towards nonimplemented punishment of increment cuts, and adjusting his gratuity towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay all the terminal benefits of the petitioner payable to him including monthly pension, provident fund, Employees Social Protection Scheme amount, Gratuity, Commuted value of Pension leave salary and pay revision arrears interms of 12(3) settlement daterd 13.04.2015 without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 232/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in WP (MD)No.16980 of 2016, dated 03.11.2016, .

Prayer in WP(MD). 16980/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 21.01.15 in Ref.No.AD8/RT/01/15 in imposing recovery of Rs.1,25,328/- on the petitioner towards non-implemented punishment of increment cuts and adjusting the said recovery amount from his terminal benefits namely Cholan Employees Security Scheme amount, Refund of Institute of road transport Contribution amount, leave salary and Gratuity and quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay him all the terminal benefits payable to hin including gratuity cholan employees security scheme amount and pay revision arrears in terms of 12(3) settlement daterd 13.04.2015 without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 238/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P (MD) No.17006 of 2016 dated 03.11.2016, in so far as not paying

interest for the payment of terminal benefits for the following among other Prayer in WP(MD). 17006/ 2016 :

Constitution of India, praying this Court Writ of Declaration, declaring the action of the respondents in imposing recovery of a sum of Rs. 3,88,616/- and adjusting the recovery amount from the petitioners terminal benefits as illegal arbitrary and consequently directing the respondents to settle the petitioners Gratuity, Provident Fund, monthly pension commuted value of pension leave salary , cholan employees security scheme amount and refund of contribution made by him towards Medical, engineering polytechnuic colleges and institute of road transport without any recovery but with interest @ 18% per annum payable from 31.05.2015.

Prayer in WA(MD). 239/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD) No.16984 of 2016 dated 03.11.2016, in so far as not paying interest for the payment of terminal benefits. Prayer in WP(MD). 16984/ 2016 :

Constitution of India, praying this Court To issue a writ or order or direction or in the nature of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref.No.AD8/RT/06/2015 dated 22.06.2015 in ordering recovery of Rs.26,640/- from the petitioner s terminal benefits towards unimplemented punishments of increment cuts, quash the same and consequently direct the respondents to settle his gratuity, commuted value of pension, cholan employees security scheme amount and refund of contribution made by him towards Medical, engineering polytechnuic colleges and institute of road transport without any recovery but with interest @ 18% per annum payable from 30.06.2015 to till the date on which the above benefits are settled to him and further directing the respondents to refund a sum of Rs.26,640/- already adjusted from his terminal benefits with interest at the rate of 18% per annum. Prayer in WA(MD). 280/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in WP (MKD)No.4246 of 2015 dated 03/11/2016

Prayer in WP(MD). 4246/ 2015 :

Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impunged order passed by the 3rd respondent dated 28.11.2014, quash the same and consequently direct the respondents to pay deathcum terminal benefits of the deceased husband of the petitioner Late. K. Anandhan including monthly family pension, gratuity, Commuted Value of the pension and all other attendant benefits payable from 08.03.2010 without making any recovery towards unimplemented punishment of increment cuts together with interest at the rate of 12% per annum payable to the petitioner with effect from the date of death of her husband i.e. from 08.03.2010 to till the date of actual payment . Prayer in WA(MD). 311/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.17009 of 2016 dated 3.11.2016 in so far as not directing the respondents to pay interest for the payment of terminal benefits for the following among toehr Prayer in WP(MD). 17009/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs. 37,185/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefits namely Leave Salary etc., as illegal, arbitrary and consequently direct the respondents to settle and pay the petitioner all the terminal benefits payable to him including Gratuity, Commuted Value of Pension, Leave Salary and pay revision arrears in terms of 12(3) 12(3) settlement daterd 13.04.2015 without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 388/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD). No.16983 of 2016, dated 03/11/2016, in so far as not directing to pay interest for the payment of terminal benefits. Prayer in WP(MD). 16983/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified

Mandamus calling for the records pertaining to the impugned order of the 3rd respondent in Ref.:E3/347/2015 dated 17.02.2016 in imposing recovery of Rs.1,68,912/- on the petitioner towards non implemented increment cuts and adjusting the said recovery amount from his terminal benefits, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay him the eligible terminal benefits payable to him including earned leave salary cholan employees security scheme amount and refund of contribution made by him towards Medical, engineering polytechnuic colleges and institute of road transport without any recovery but with interest @ 18% per annum payable from 30.06.2015 Prayer in WA(MD). 221/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.16991 of 2016 dated 03.11.2016, Prayer in WP(MD). 16991/ 2016 :

Constitution of India, praying this Court To issue a Writ or Order or Direction or in the nature of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref.No.AD8/3/2014 dated 21.03.2014 in ordering recovery of Rs.56,088/- from the petitioner s terminal benefits towards unimplemented punishments of increment cuts, quash the same and consequently direct the respondents to settle the petitioners terminal benefits as illegal arbitrary and consequently directing the respondents to settle the petitioners Gratuity, Provident Fund, monthly pension commuted value of pension leave salary , cholan employees security scheme amount and refund of contribution made by him towards Medical, engineering polytechnuic colleges and institute of road transport without any recovery but with interest @ 18% per annum Prayer in WA(MD). 87/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P.(MD)No.16982 of 2016 dated 03.11.2016, in so far as not paying interest for the payment of terminal benefits. Prayer in WP(MD). 16982/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 17.06.2014 in imposing recovery of Rs.7,695/- and Rs.12,590/- on the petitioner towards uneffected punishments of increment cuts and subsistence allowance recovery respectively and adjusting the said recovery amount in his terminal benefits namely leave salary, bonus, exgratia amount and refund of Institute of Road Transport Contribution amount towards the above recovery amount, quash the

same as illegal, arbitrary and consequently direct the respondents to settle and pay the petitioner all the terminal benefits payable to him including Gratuity, Commuted Value of Pension, Leave Salary and pay revision arrears in terms of 12(3) 12(3) settlement daterd 13.04.2015 without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 66/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD ( No.16995 of 2016, dated 03.11.2016.

Prayer in WP(MD). 16985/ 2016 :

Certiorarified Mandamus or any other appropriate writ or direction in the nature of a writ calling for the records pertaining to the impugned order passed by the 3rd respondent dated 05.11.2015, quash the same in so far as imposing of Rs.30,477/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary and consequently direct the respondents to settle and pay him the said and pay revision arrears in terms of 12(3) 12(3) settlement daterd 13.04.2015 without any recovery but with interest @ 18% per annum payable to him from his date of retirement to date of actual payment.

Prayer in WA(MD). 68/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P. (MD)No.20047 of 2015, dated 03.11.2016, in so far as not paying interest for the payment of terminal benefits. Prayer in WP(MD). 20047/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records pertaining the Impugned Order passed by the 1st Respondent in Ref TNSTC/KUM/TRY/DS/SM1/ 6238/2014 dated 31.05.2014 quash the same and consequently direct the Respondents to pay all the Petitioner terminal benefits including gratuity, commuted value of pension, leave salary and all other attendant benefits with interest at the rate of 18% per annum and further directing the Respondents to pay the petitioner monthly pension from 01.07.2013 with arrears with interest @ 18% per annum.

Prayer in WA(MD). 74/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P (MD) No.15481 of 2013 dated 03.11.2016 in so far as not paying interest for the payment of terminal benefits for the following among other Prayer in WP(MD). 15481/ 2013 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned Order of recovery for a sum of Rs.3,24,553/-passed by the 2nd respondent against the petitioner in Ref.Tha.Aa.Po.Ka. Kumba/Nir.3/Sirappu/2013 dated 26.07.2013, quash the same and consequently direct the respondents to pay the petitioner s pension benefits including Gratuity, Commuted value of pension, Monthly Pension and other attendant benefits to the petitioner without any recovery and with reasonable rate of interest payable to the petitioner with effect from 30.06.2013. Prayer in WA(MD). 75/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.20291 of 2015 dated 03.11.2016.

Prayer in WP(MD). 20291/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 17.10.2015 in imposing recovery of Rs. 2,18,434/- towards unimplemented punishments of increment cut and adjusting Rs. 4500/- from the Institute of Road Transport Refund amount payable to the petitioner and further directing him to remit the balance amount of Rs. 2,13,941/- to the Respondents, quash the same and consequently direct the Respondents to settle his gratuity, Commuted value of Pension, Employees Social Protection Scheme amount and all other retirement benefits without recovery together with interest @ 18% per annum Prayer in WA(MD). 77/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P (MD) No.2765 of 2015 dated 03.11.2016 in so far as not paying interest for the payment of terminal benefits for the following among other

Prayer in WP(MD). 2765/ 2015 :

Declaration, declaring the action of the respondents in imposing recovery on the petitioner to the tune of Rs.2,80,671/- towards unimplemented increment cuts as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to pay his retirement benefits including gratuity, monthly pension, commuted value of pension, leave salary, Social Security Scheme Arrears, Retired toward deposit trade with Institute of Road Transport, monthly pension and all other attendant benefits to him without making any recovery together with interest at the rate of 10% per annum payable to him with effect from 01.06.2013 to till the date of actual payments. Prayer in WA(MD). 78/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P (MD) No.20048 of 2015 dated 03.11.2016 Prayer in WP(MD). 20048/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the 2nd Respondent dt.20.7.2015 in imposing recovery of Rs.5,27,436/- on the Petitioner towards unimplemented punishment of increment cuts and action of the Respondents in recovering and adjusting the said amount from the gratuity payable to the Petitioner and further directing the petitioner to deposit the balance amount of Rs.2,80,293/- quash the same as illegal, arbitrary and consequently direct the Respondents to settle his terminal benefits including monthly pension, commuted value of pension, leave salary, Social Security Scheme Arrears, Retired toward deposit trade with Institute of Road Transport, monthly pension and all other attendant benefits to him without making any recovery together with interest at the rate of 18% per annum payable to him with effect from 01.06.2013 to till the date of actual payments.

Prayer in WA(MD). 31/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.17000 of 2016, dated 03.11.2016, in so far as not paying interest for the payment of terminal benefits for the following among other

Prayer in WP(MD). 17000/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref: AD8/RT/9/14 dated 22.09.2014 in imposing recovery of Rs.37,800/- on the petitioner towards non - implemented punishment of increment cuts and adjusting his Cholan Employees Security Scheme amount, Refund of Institute of road transport contribution amount leave salary towards the above recovery amount, as illegal, arbitrary and consequently direct the respondents to settle and pay the terminal benefits payable to him including Gratuity, Cholan Employees Security Scheme amount refund of Institute of Road Transport contribution amount earned leave salary bonus and pay revision IN TERMS OF 12(3) settlement dated 13.03.2015 without any recovery but with interest @ 18% per annum from the date of retirment to date of actual payment Prayer in WA(MD). 38/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD). No.16993 of 2016, dated 03/11/2016, in so far as not paying interest for the payment of terminal benefits of the appellants deceased husband namely K.Periyasamy.

Prayer in WP(MD). 16993/ 2016 :

Certiorarified Mandamus or any other appropriate Writ or Order of Direction in the nature of a Writ, calling for the records pertaining to the impugned order of the 3rd respondent dated 21.05.2015 in so far as ordering recovery of Rs.1,26,540/- from terminal benefits of the petitioners husband towards nonimplemented punishment of increment cut and adjusting the recovery amount amount from the gratuity payable to the Petitioner and further directing the petitioner to deposit the balance amount of Rs.2,80,293/- quash the same as illegal, arbitrary and consequently direct the Respondents to settle his terminal benefits including monthly pension, commuted value of pension, leave salary, Social Security Scheme Arrears, Retired toward deposit trade with Institute of Road Transport, monthly pension and all other attendant benefits to him without making any recovery together with interest at the rate of 18% per annum payable to him within time limit.

Prayer in WA(MD). 89/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.10075 of 2015 dated 03.11.2016.

Prayer in WP(MD). 10075/ 2015 :

Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 07.05.2014 in imposing recovery of Rs.3,85,662/- on the petitioner towards nonimplemented punishment of increment cuts and recovering the said amount from the Petitioners gratuity and further directing the petitioner to remit the balance amount of Rs.57,429/- to the respondents, quash the same and consequently direct the respondents to refund the amount already recovered from the gratuity together with interest at the rate of 12% per annum payable to him from his date of retirement to till the date of actual payment.

Prayer in WA(MD). 110/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.17003 of 2016 dated 03.11.2016, in so far as not directing the respondents to pay interest for the payment of terminal benefits . Prayer in WP(MD). 17003/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs. 2,66,220/- from the petitioners terminal benefits towards unimplemented punishment of increment cuts and consequently direct the respondents to settle the petitioners Gratuity, Provident Fund, Commutation, Leave Salary, Social Security Scheme Amount and Refund of his contribution made to Medical, Engineering, Polytechnic Colleges and to Institute of Road Transport monthly pension and all other attendant benefits to him without making any recovery together with interest at the rate of 18% per annum payable to him within time limit. Prayer in WA(MD). 111/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD). No.16992 of 2016 dated 03/11/2016.

Prayer in WP(MD). 16992/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent in Ref: AD8/RT/04/15 dated 21.04.2015 in imposing recovery of Rs.1,11,048/- on the petitione towards non-implemented increment cuts and adjusting the said

recovery amount from his terminal benefits, quash the same as illegal, arbitrary and consequently direct the Respondents consequently direct the respondents to refund the amount already recovered from the gratuity together with interest at the rate of 12% per annum payable to him from his date of retirement to till the date of actual payment.

Prayer in WA(MD). 112/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD). No.11761 of 2015 dated 03/11/2016 Prayer in WP(MD). 11761/ 2015 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 8.1.15 in imposing recovery of Rs.1,48,920/- on the petitioner recovering non-implemented punishment of increment cuts and recovering the said amount from his gratuity and further directing the petitioner to remit the balance amount to the respondents, quash the same and consequently direct the respondents to settle and pay the petitioner the gratuity, commuted value of pension and all other attendant retirement benefits without making any recovery and with interest at the rate of 18% annum payable to the petitioner from his date of retirement to till the date of actual payment Prayer in WA(MD). 117/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.17001 of 2016 dated 03.11.2016.

Prayer in WP(MD). 17001/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 21.02.2014in imposing recovery of Rs. 49,380/- on the petitioner towards un-affected punishment of increment cuts and adjusting the said recovery amount in his terminal benefits namely leave salary, towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay all the terminal benefits payable to him including Gratuity, earned leave salary and pay revision arrears in terms of 12(3) settlement dated 13.04.2015.

Prayer in WA(MD). 120/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.16989 of 2016 dated 03.11.2016.

Prayer in WP(MD). 16989/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent in Ref.ThaAaPoka/KumaE2/180/2014 dated 18.09.2014 in so far as imposing condition to recover from the petitioner the equivalent amount towards non-implemented increment cuts and consequential impugned order of the 3rd respondent Ref.:E2/180/2014 dated 18.09.2014 in imposing recovery of Rs.54,720/- on him towards nonimplemented increment cuts and and adjusting the said recovery amount from his terminal benefits, quash the same as illegal, arbitrary and consequently direct the Respondents consequently direct the respondents to refund the amount already recovered from the gratuity together with interest at the rate of 12% per annum payable to him from his date of retirement to till the date of actual payment.

Prayer in WA(MD). 134/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.11704 of 2014 dated 03.11.2016 in so far as not paying interest for the payment of terminal benefits for the following among other Prayer in WP(MD). 11704/ 2014 :

Constitution of India, praying this Court To issue a writ in the nature of Writ of declaration declaring the action of respondents 1 and 2 in recovering a sum of Rs.46713, from the petitioner gratuity towards non-implementable punishment of increment cut imposed on the petitioner as illegal arbitrary and violative of Article 14 of the Constitution of India and consequently direct the respondent to refund the said recovered amount to the petitoner together with interest at the rate of 12% of per annum payable to the petitioner with effect from 31.05.2012 to till the date Prayer in WA(MD). 144/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.5996 of 2016 dated 03.11.2016

Prayer in WP(MD). 5996/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the Impugned Order passed by the 2nd Respondent in Ref.No.005698/SaNi.5/AaviPoKa/ 2015 dated 27.01.2015 quash the same in so far imposing recovery of Rs.69,300/- and adjusting the same in social security fund amount of Rs.25,000/- and further directing the petitioner to remit the balance amount of Rs.44,300/- and consequently direct the Respondents to settle and pay him the monthly pension, gratuity, commuted value of pension and all other attendant retirement benefits without making any recovery and with interest at the rate of 18% annum payable to the petitioner from his date of retirement to till the date of actual payment Prayer in WA(MD). 158/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.16979 of 2016 dated 03.11.2016 Prayer in WP(MD). 16979/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref.No.Tha.Aa.Po.Ka/ Kumba/ E2/ 166/2014 dated 11.12.2014 and impugned settlement of account issued by the 3rd respondent in Ref.E2/166/2014 dated 11.12.2014 in ordering recovery of Rs.1,20,960/- and Rs.11,384/- from the petitioners terminal benefits towards unimplemented punishments of increment cuts and excess availed leave days, quash the same and Employees Security Scheme amount, Provident Fund amount, Gratuity, voluntary retirement etc., Prayer in WA(MD). 234/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD) No.16996 of 2016 dated 03.11.2016, Prayer in WP(MD). 16996/ 2016 :

Prayer in WA(MD). 254/ 2017 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order passed in W.P. (MD) No.16998 of 2016 dated 03/11/2016, in so far as not directing the respondents to pay interest for recovery amount of Rs.2,46,061/- Prayer in WP(MD). 16998/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 20.07.2015 in so far as imposing recovery of Rs. 2,46,061/- on the petitioner towards unaffected punishment of increment cuts and adjusting his leave salary, gratuity, bonus and refund of institute of Road Transport contribution amount towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay him the said amount Rs. 2,46,061/- with interest at the rate of 18% per annum etc., Prayer in WA(MD). 255/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.17964 of 2016 on the file of this Honourable Court in so far as not paying interest for the payment of terminal benefits. Prayer in WP(MD). 17964/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent dated nil signed on 27.12.2013 in imposing recovery of Rs.33,093/- on the petitioner towards non implemented increment cuts and Institute of Road Transport recovery and adjusting the said recovery amount from his leave salary, quash the same as illegal, arbitrary and consequently direct the Respondents to settle and pay the petitioner the eligible terminal benefits etc., Prayer in WA(MD). 325/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P.(MD) No.17273 of 2016, dated 03/11/2016 in so far as not directing the respondents to pay interest for the belated payment of terminal benefits.

Prayer in WP(MD). 17273/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 16.11.2015 in so far as imposing recovery of Rs. 12,050/- and Rs. 82,183/- under the head of Subsistence allowance recovery and unimplemented punishment of increment cut quash the same and consequently direct the respondents to settle Petitioners Gratuity, commuted Value of Pension, Earned Leave Salary and Refund, etc., Prayer in WA(MD). 563/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.9304 of 2014 dated 03.11.2016, in so far as not directing the respondents to pay interest for the payment of terminal benefits for the following among other Prayer in WP(MD). 9304/ 2014 :

Constitution of India, praying this Court To issue a writ of Declaration declaring the action of respondents 1 and 2 in imposing a recovery of Rs.96,000/- against the petitioner from the petitioner s gratutiy towards non-implemented punishment of increment cut imposed on him as illegal, arbitrary and violative of Article 14 of the constitution of India and consequently direct the krespondents to settle his retirement benefits including gratutiy,commuted value of pension, leave salary and all other attendant benefits, without making any recovery from his pension benefits but with intrest at the rate of 12% per annum payable from 28.2.2014 to till the date of payment to him . Prayer in WA(MD). 590/ 2017 :

praying this Hon`ble Court to against the Order passed in WP.No.16993 of 2016. dated 03.11.2016 Prayer in WP(MD). 16993/ 2016 :

Prayer in WA(MD). 559/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD) No.21789 of 2016 dated 01/12/2016, in so far as not directing the respondents to pay interest for the payment of terminal benefits Prayer in WP(MD). 21789/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 17.03.2016 in imposing recovery of Rs.49,100/- on the petitioner towards nonimplemented increment cuts and adjusting his Refund of Medical, Engineering, polytechnic colleges and Institute of Road Transport Contribution amount, Gratuity towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the Respondents to settle ETC., Prayer in WA(MD). 585/ 2017 :

praying this Hon`ble Court to against the Order passed in W.P(MD) No.21739 of 2016 dated 01.12.2016 in so far as not directing the respondents to pay interest for the payment of terminal benefits for the following among other Prayer in WP(MD). 21739/ 2016 :

Declaration, declaring the action of the respondents in imposing a recovery of Rs. 4,60,374/- on the petitioner towards non implemented increment cuts and recovering the said amount from his terminal benefits as illegal, arbitrary and consequently direct the respondents to settle and pay him all the terminal benefits payable to him including gratuity, earned Leave Salary, Commuted Value of Pension, Cholan Employees Security Scheme amount and refund of his contribution etc., Prayer in WA(MD). 575/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD) No.6902 of 2014 on the file of this Honourable Court in so far as upholding the action of the respondent transport corporation to impose the punishment of increment cut for 3 years with cumulative effect and in so far as denying wages from 01/04/2012. Prayer in WP(MD). 6902/ 2014 :

Constitution of India, praying this Court To issue Writ of

Certiorarified Mandamus or any other appropriate writ order or direction to call for the records relating to the order passed by the 2nd respondent dated 13.02.2012 in his reference Tha.A.Po.Ka./TAS/D3/1087AA and the order dated 28.03.2012 in his reference No.Tha.A.Po.Ka./KUMBA/PUMA/E2/155 and quash the same and to direct the respondents to permit the petitioner to continue as a Driver in the Transport Corporation till the date of Superannuation on 31.05.2015 and to pay back wages for the period from 01.04.2012 to till date and continue to pay salary every month and thus render justice.

Prayer in WA(MD). 576/ 2017 :

praying this Hon`ble Court to against the Order passed in WP(MD) No.23615 of 2016 dated 03.02.2017.

Prayer in WP(MD). 23615/ 2016 :

Declaration, declaring the action of the respondents in imposing a recovery of Rs. 98,000/- on the petitioner towards unaffected increment cut and recovering the said amount from his terminal benefits as illegal, arbitrary and consequently direct the respondents to settle and pay him all the terminal benefits payable to him including Gratuity, Commuted Value of Pension, Earned Leave Salary, Social Security Scheme amount and Refund of Contribution made towards medical etc., Prayer in WA(MD). 345/ 2017 :

praying this Hon`ble Court to against the Order passed in WP.No.13995 of 2014 dated 03.11.2016 Prayer in WP(MD). 13995/ 2014 :

Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref;No.Nil dated 23.7.2014 in ordering recovery of Rs.2,21,637/- from the petitioner s gratuity towards unimplemented punishments of increment cut, excess leave and also in refusing to settle his pension benefits on the ground that the petitioner did not remit the recovery amount to the respondents quash the same as illegal, arbitrary and violative of Article 14 of the constitution of India and consequently direct the respondents to settle the petitioner s pension benefits including gratuity, commutation amount, Medical and Egnineering colleges constribution and other etc.,

Prayer in WA(MD). 346/ 2017 :

praying this Hon`ble Court to against the Order passed dated in WP.No.2765 of 2015 dated 03.11.2016.

Prayer in WP(MD). 2765/ 2015 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.5281 of 2015 Prayer in WP(MD). 5281/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the Impugned workign sheet of Petitioner s retirement benefits issued by the 3rd respondent dated 02.02.2015 and consequential proceedings of the 2nd Respondent in Ref. Tha.Aaa.Po.Ka. / Kumba / Tiru / Oyyuthiyam / 205/15 dated 17.03.2015, quash the same as illegal in so far as imposing recovery fo Rs.48,600/- towards non implemented punishment of increment cut and not settling retirement benefits payable to the petitioner on the ground that he did not remit the recovery amount to the respondents and consequently direct the respondents to disburse his retirement benefits includign monthly pension, Gratuity, Commuted value ..... Prayer in WA(MD). 348/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.10075 of 2015

Prayer in WP(MD). 10075/ 2015 :

Prayer in WA(MD). 349/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.11761 of 2015 Prayer in WP(MD). 11761/ 2015 :

Writ Appeal is filed under clause 15 of Letter Patent Act praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.20047 of 2016 Prayer in WP(MD). 20047/ 2015 :

Prayer in WA(MD). 351/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.20048 of 2015 Prayer in WP(MD). 20048/ 2015 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in WP.No.20291 of 2015 Prayer in WP(MD). 20291/ 2015 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.835 of 2016.

Prayer in WP(MD). 835/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd Respondent dated 10.06.2015 in

imposing recovery of Rs.1,02,872/- on the petitioner towards nonimplemented punishment of increment cuts and recovering the said amount from his earned leave salary gratuity and refund towards Institute of Board Transport, medical engineering and polytechnic college contribution and quash the same and consequently direct the Respondents to settle and pay him the gratuity, commuted value of pension, earned leave salary etc., Prayer in WA(MD). 354/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.1680 of 2016.

Prayer in WP(MD). 1680/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 14.09.2015 in imposing recovery of Rs.26,455/0 on the Petitioner towards nonimplemented punishment of increment cuts and recovering the said amount from his gratuity, quash the same and consequently direct the Respondents to settle and pay the Petitioner the gratuity, commuted value of pension, earned leave salary, medical leave salary, provident fund etc., Prayer in WA(MD). 355/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16977 of 2016.

Prayer in WP(MD). 16977/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 16.09.14 in imposing recovery of Rs.30,340/- on the petitioner towards uneffected punishment of increment cuts and adjusting his gratuity and refund of Institute of Road Transport contribution amount towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay him all the terminal benefits payable to the petitioner including Gratuity, refund of Institute of Road Transport contribution amount etc., Prayer in WA(MD). 356/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16978 of 2016.

Prayer in WP(MD). 16978/ 2016 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16981 of 2016.

Prayer in WP(MD). 16981/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 23.03.2016 in ordering recovery of Rs.31,536/- from the petitioners terminal benefits towards unimplemented punishments of increment cuts, quash the same and consequently direct the respondents to settle his Gratuity, Commuted value of pension, Earned Leave Salary, Cholan Employees Security Scheme amount and refund of his contribution made to Medical, Engineering, Polytechnic Colleges and to Institute of Road Transport and other attendant retiral benefits Prayer in WA(MD). 358/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16982 of 2016.

Prayer in WP(MD). 16982/ 2016 :

Prayer in WA(MD). 359/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16985 of 2016.

Prayer in WP(MD). 16985/ 2016 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.No.16986 of 2016.

Prayer in WP(MD). 16986/ 2016 :

Certiorarified Mandamus or any other appropriate writ or direction in nature of a writ calling for the records pertaining to the impugned order passed by the 3rd respondent dated 10.07.2014, quash the same in so far as imposing recovery of Rs.14,040/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary and consequently direct the respondents to settle and pay him the said recovery.

Prayer in WA(MD). 361/ 2017 :

praying this Hon`ble Court to against the Order passed dated 03/11/2016 in WP(MD)No.16998 of 2016.

Prayer in WP(MD). 16998/ 2016 :

contribution amount towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay him the said amount Rs. 2,46,061/- with interest at the rate of 18% per annum Prayer in WA(MD). 362/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.16990 of 2016.

Prayer in WP(MD). 16990/ 2016 :

Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 14.04.2014, quash the same in so far as imposing recovery of Rs.15,162/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary and consequently direct the responents to settle and pay him the said recovery amount of Rs.15,162/- with interest at the rate of 18% per annum payable to him from petitioner date of retirment to the the date of actual payment . Prayer in WA(MD). 363/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.16994 of 2016.

Prayer in WP(MD). 16994/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent dated 01.04.2015 in imposing recovery of Rs.16,834/- on the petitioner towards uneffected punishment of increment cuts and adjusting his gratuity, leave salary and refund of Institute of Road Transport contribution amount towards the above recovery amount.

Prayer in WA(MD). 364/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.16997 of 2016.

Prayer in WP(MD). 16997/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 20.10.2014 in imposing recovery of Rs. 1,02,670/- on the petitioner towards unaffected punishment of increment cuts and adjusting his leave salary, gratuity, bonus and refund of institute of Road Transport contribution amount towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay all the terminal benefits payable to petitioner including Gratuity, refund of Institute of Road Transport contribution amount earned leave salary bonus and pay revision arrears in terms of 12(3) settlement dated 13.04.2015 Prayer in WA(MD). 365/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.16999 of 2016.

Prayer in WP(MD). 16999/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 14.06.2016in imposing recovery of Rs. 11,610/- on the petitioner towards unaffected punishment of increment cuts and adjusting his leave salary, gratuity, bonus and refund of institute of Road Transport contribution amount towards the above recovery amount, quash the same as illegal, arbitrary and consequently direct the respondents to settle and pay all the terminal benefits payable to petitioner including Gratuity, refund of Institute of Road Transport contribution amount earned leave salary with out any recovery but with interest at the rate of 18% per annum.

Prayer in WA(MD). 366/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17002 of 2016.

Prayer in WP(MD). 17002/ 2016 :

Constitution of India, praying this Court Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 3rd respondent dated 18/07/2013 in imposing recovery of Rs. 15,686/- on the petitioner towards un effected punishment of increment cuts and adjusting the said recovery amount in his leave salary, gratuity etc.,

Prayer in WA(MD). 367/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17004 of 2016.

Prayer in WP(MD). 17004/ 2016 :

Constitution of India, praying this Court Writ of Declaration, declaring the action of the respondents in imposing recovery of a Rs. 77,244/- on the petitioner towards non implemented punishment of increment cut and recovering the amount from his terminal benefit namely leave salary and Gratuity as illegal, arbitrary and consequently directing the respondents to settle and pay the said amount of Rs. 77,244/- Prayer in WA(MD). 368/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17273 of 2016.

Prayer in WP(MD). 17273/ 2016 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.9304 of 2014.

Prayer in WP(MD). 9304/ 2014 :

attendant benefits, without making any recovery from his pension benefits but with intrest at the rate of 12% per annum payable from 28.2.2014 to till the date of payment to him . Prayer in WA(MD). 449/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.14135 of 2014.

Prayer in WP(MD). 14135/ 2014 :

Declaration, (i) declaring the actionof respondents 1 and 2 in recovering a sum of Rs. 73,800/- from the petitioner s gratuity towards non implemented punishment of increment cut as illegal, arbitrary and violative of Article 14 of the Constitution of India and (ii) consequently direct the respondents to refund him the said recovery amount of Rs.73,800/- together with interest at the rate of 12% per annum payable for the period from the date of the retirement to till the date of actual payment to him and (iii) and pass such further or other orders as this Honourable Court may deem fit Prayer in WA(MD). 450/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.3637 of 2015.

Prayer in WP(MD). 3637/ 2015 :

Declaration declaring the action of the respondents in recovering a sum of Rs. 1,92,836/- towards " unimplemented punishment of increment cuts" from the petitioners Gratuity and other attendant retirement benefits, without issuing any notice to the petitioner as illegal, arbitrary violative of Art.14 and 21 of Constitution of India and consequently direct the respondents to refund the above amount to the petitioner with interest at the respondents to refund teh above amount to the petitioner with interest at the rate of 12% per annum payable with effect from the date of the petitioners retirement till the date of actual payment to the petitioner.

Prayer in WA(MD). 451/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.5058 of 2015.

Prayer in WP(MD). 5058/ 2015 :

Constitution of India, praying this Court To issue a writ of Declaration declaring the action of the respondents in imposing recovery on the petitioner to the tune of Rs.1,65,890/- towards unimplemented increment cuts as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and Consequently direct the respondents to pay his retriement benefits including gratuity, commuted value of pension, leave salary, social Security Scheme Arrears, Refund towards deposit made with Institute of Road Transport, monthly pension for the month of July 2014 and all other attendent benefits to him without making any recovery together with interest at the rate of 12% per annum payable to him with effect from 01.07.2014.

Prayer in WA(MD). 452/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.9497 of 2015.

Prayer in WP(MD). 9497/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the impugned orders passed by the 2nd Respondent in Ref:Tha.A.Po.Ka/Kumba/Pu.Ma/E2/451/12 dated 07.07.2012 and in Ref:Tha.A.Po.Ka/Pudu/Sa.Pa.Pi 2/204/2014 dated 28.08.2014 and consequential order passed by the 1st respondent in Ref:Tha.A.Po.Ka/Kumba/Pudu/Sa.Pa.Pi 2/368/14 dated 17.06.2014 in imposing recovery of Rs. 2,39,246/- on the petitioner towards unimplemented punishment of increment cuts and compelling the petitioner to remit the same in order to get the Petitioner retirement benefits, quash the same and consequently direct the Respondents to settle the petitioner s gratuity without making any recovery together . Prayer in WA(MD). 453/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.20046 of 2015.

Prayer in WP(MD). 20046/ 2015 :

Declaration declaring the action of the Respondents in imposing recovery of Rs. 1, 49,845/- on me towards unimplemented punishments of increment cut without issuing any Show Cause Notice and without providing the petitioner an opportunity of being heard, and withholding his terminal benefits payable to the Petitioner, as illegal and consequently direct the Respondents to settle his terminal benefits of Rs. 7,46,774/- including provident fund, gratuity, commuted value of pension, social security scheme amount without making any recovery together Prayer in WA(MD). 454/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17007 of 2016.

Prayer in WP(MD). 17007/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs. 49,950/- on the petitioner towards non-implemented punishment of increment cuts and recovering a portion of the said amount from his salary for the month of February 2016 and further directing him to remit the balance recovery amount as illegal, arbitrary and consequently direct the respondents to settle and pay the entire terminal benefits payable to him including pension, Gratuity, Leave Salary...

Prayer in WA(MD). 455/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17446 of 2016.

Prayer in WP(MD). 17446/ 2016 :

Declaration, declaring the action of the respondents in imposing recovery of a sum of Rs. 1,20,090/- from him towards unimplemented punishments of increment cuts as illegal and arbitrary and consequently direct the respondents to settle the petitioners Gratuity, Commuted Value of pension, Monthly pension and Leave Salary and other attendant retiral benefits without making any recovery together with interest at the rate of 18% per annum payable to him with effect from 31.03.2015 to till the date on which the above benefits are settled to him.

Prayer in WA(MD). 449/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.14135 of 2014.

Prayer in WP(MD). 14135/ 2014 :

Prayer in WA(MD). 450/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.3637 of 2015.

Prayer in WP(MD). 3637/ 2015 :

Prayer in WA(MD). 451/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.5058 of 2015.

Prayer in WP(MD). 5058/ 2015 :

gratuity, commuted value of pension, leave salary, social Security Scheme Arrears, Refund towards deposit made with Institute of Road Transport, monthly pension for the month of July 2014 and all other attendent benefits to him without making any recovery together with interest at the rate of 12% per annum payable to him with effect from 01.07.2014.

Prayer in WA(MD). 452/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.9497 of 2015.

Prayer in WP(MD). 9497/ 2015 :

Prayer in WA(MD). 453/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.20046 of 2015.

Prayer in WP(MD). 20046/ 2015 :

Prayer in WA(MD). 454/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17007 of 2016.

Prayer in WP(MD). 17007/ 2016 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD)No.17446 of 2016.

Prayer in WP(MD). 17446/ 2016 :

Prayer in WA(MD). 470/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.5567/ 2016.

Prayer in WP(MD). 5567/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs.26,832/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefits namely leave salary, as illegal, arbitrary and consequently direct the Respondents to settle and pay the

Petitioner the gratuity, Leave Salary and all other attendant retirement benefits without making any recovery and with interest at the rate of 18% per annum.

Prayer in WA(MD). 471/ 2017 :

praying this Hon`ble Court to against the Order passed dated 03.11.2016 in W.P.No.5568/2016 Prayer in WP(MD). 5568/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs.17,802/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary, as illegal, arbitrary and consequently direct the respondents to settle and pay the said amount to the petitioner with interest at the rate of 18% per annum payable to him from the date of retirement to till the date of actual payment.

Prayer in WA(MD). 472/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.5603/2016 Prayer in WP(MD). 5603/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs.36,900/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary, as illegal, arbitrary and consequently direct the Respondents to settle and pay the said amount to the petitioner with interest at the rate of 18% per annum payable to him from the date of retirement to till the date of actual payment.

Prayer in WA(MD). 473/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.5604/2016 Prayer in WP(MD). 5604/ 2016 :

Declaration declaring the action of the respondents in imposing

recovery of Rs.7,700/- on the petitioner towards non-implemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary, as illegal, arbitrary and consequently direct the Respondents to settle and pay the said amount to the petitioner with interest at the rate of 18% per annum payable to him from the date of retirement to till the date of actual payment.

Prayer in WA(MD). 474/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.12391/2016 Prayer in WP(MD). 12391/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd respondent in Ref.No.AD8/RT/7/15 dated 21.07.2015 in ordering recovery of Rs.30,921/- from the petitioners terminal benefits towards unimplemented punishments of increment cuts", quash the same and consequently direct the respondents to settle his Gratuity, Commuted Value of Pension, Cholan Employees Security Scheme Amount and Refund of his contribution made to Medical Engineering, Polytechnic Colleges and to Institute of Road Transport etc., Prayer in WA(MD). 475/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16976/2016 Prayer in WP(MD). 16976/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in Ref.No.AD8/RT/8/14 dated 21.08.14 in ordering recovery of Rs.25,000/- from the petitioners terminal benefits towards unimplemented punishments of increment cuts, quash the same and consequently direct the respondents to settle his Gratuity, Commuted value of pension, Leave Salary and other attendant retiral benefits without making any recovery together with interest at the rate of 18% per annum payable to him with effect from 31.08.2014.

Prayer in WA(MD). 476/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16979/2016

Prayer in WP(MD). 16979/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16980/2016 Prayer in WP(MD). 16980/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16983/2016 Prayer in WP(MD). 16983/ 2016 :

Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd respondent in Ref.:E3/347/2015 dated 17.02.2016 in imposing recovery of Rs.1,68,912/- on the petitioner towards non implemented increment cuts and adjusting the said recovery amount from his terminal benefits, quash the same as illegal, arbitrary and consequently direct the respondents to

settle and pay him the eligible terminal benefits payable to him including earned leave salary, . . . . . .

Prayer in WA(MD). 480/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16987/2016 Prayer in WP(MD). 16897/ 2016 :

Mandamus, directing the 2nd respondent herein to look in to the grievance of petitioner expressed in the representation dated 31.08.2016 and thereby accord permission to conduct the Vinayagar Chadurthi Festival by and to provide adequate police protection from 09.09.2016 to 11.09.2016 at festival place in front of the Nallai Selva Vinayagar Kovil at Poovanoor, Pavoorchatiram, Tirunelveli District and to give necessary police protection to the said programme.

Prayer in WA(MD). 481/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16989/2016 Prayer in WP(MD). 16989/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16991/2016

Prayer in WP(MD). 16991/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.16995/2016 Prayer in WP(MD). 16995/ 2016 :

Constitution of India, praying this Court To issue a Order or Direction or in the nature of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in Ref: AD8/RT/06/2015 dated 22.06.2015 in imposing recovery of Rs.55,860/- on the petitioner towards nonimplemented punishment of increment cuts and adjusting his leave salary towards the above recovery amount.

Prayer in WA(MD). 486/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.17001/2016 Prayer in WP(MD). 17001/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.17003/2016

Prayer in WP(MD). 17003/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P.No.17005/2016 Prayer in WP(MD). 17005/ 2016 :

Declaration declaring the action of the 2nd respondents in imposing recovery of Rs.2,05,009/- from the petitioners terminal benefits and withholding his terminal benefits for non-remittance of the said recovery amount, as illegal, arbitrary and unconstitutional and consequently direct the respondents to settle his Provident Fund, Gratuity, Commuted Value of Pension, Social Security Scheme amount and Refund of Contribution made by him towards Medical, Engineering, Polytechnic Colleges etc., Prayer in WA(MD). 489/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD).No.17006 of 2016 Prayer in WP(MD). 17006/ 2016 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP(MD).No.17008 of 2016

Prayer in WP(MD). 17008/ 2016 :

Declaration declaring the action of the respondents in imposing recovery of Rs.1,19,664/- on the petitioner towards nonimplemented punishment of increment cuts and recovering the said amount from his terminal benefit namely leave salary, refund of Institute of road transport contribution amount and Cholan Employees Security Scheme amount as illegal, arbitrary and consequently direct the respondents to settle and pay the said amount to the petitioner with interest at the rate of 18% per annum.

Prayer in WA(MD). 491/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P. No.17009 of 2016 Prayer in WP(MD). 17009/ 2016 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in w.p.no.17447 of 2016.

Prayer in WP(MD). 17447/ 2016 :

Declaration, declaring the action of the respondents in imposing a recovery of Rs.35,316/- on the petitioner towards unaffected

increment cut and recovering the said amount from his terminal benefits as illegal, arbitrary and consequently direct the respondents to settle and pay him all the terminal benefits payable to his including gratuity of Rs. 4,09,498/- , Leave Salary of Rs. 17,332/- and Cholan Employees Security Scheme amount of Rs. 27,000/- without any recovery.

Prayer in WA(MD). 493/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P. No.17826 of 2016.

Prayer in WP(MD). 17826/ 2016 :

Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 25.06.2013 in ordering recovery of Rs. 29,203/- and adjusting the same from the petitioners terminal benefits towards unimplemented punishments of increment cuts, quash the same and consequently direct the respondents to settle his gratuity, Commuted Value of Pension, Eared Leave Salary, Cholan Employees Security Scheme Amount and Refund of is Contribution.

Prayer in WA(MD). 494/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P. No.17963 of 2016 Prayer in WP(MD). 17963/ 2016 :

Certiorarified mandamus calling for the records pertaining to the impugned order of the 3rd respondent in Ref:E3/1358/13 dated 28.11.2013 in imposing recovery of Rs.59,400/- on the petitioner towards non-implemented increment cuts and adjusting the said recovery amount from his terminal benefits, quash the same as illegal, arbitrary and consequently direct the Respondents to settle and pay him the eligible terminal benefits payable to him including Earned leave salary, Gratuity etc., Prayer in WA(MD). 495/ 2017 :

praying this Hon`ble Court to against the Order dated 03.11.2016 in W.P No 17964 of 2016.

Prayer in WP(MD). 2016/ 2017 :

Constitution of India, praying this Court To call for the records relating to the order in No. D.Dis.A2/3104/2015 dt.22.05.2015 of the respondent, and quash the order passed therein by the issue of a Writ of Certiorari or any other appropriate Write, order or Direction.

Prayer in WA(MD). 839/ 2017 :

praying this Hon`ble Court to against the Order dated 29/11/2016 in WP.(MD)No. 15273 of 2015.

Prayer in WP(MD). 15273/ 2015 :

Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS after calling for the records from the 1st respondent relating to the impugned order dated 09.06.14 passed in Ref.TNSTC/KUM/TRY/DS/SM1/5904/2014, quash the same and consequently to direct the 1st Respondent to pay death cum terminal benefits to the petitioners payable for the services of the husband of the 1st petitioner and father of petitioners 2 to 4 and son of the 5th petitioner N.Kalaiarasan with 16% interest p.a. and further directing the Respondents to pay family pension to the 1st petitioner every month from June, 2012 and other pension benefits under the TNTCEPF Rules together with 16% interest per annum.

Prayer in WA(MD). 840/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.(MD)No. 20049 of 2015.

Prayer in WP(MD). 20049/ 2015 :

Certiorarified Mandamus, calling for the records pertaining to the impugned Proceedings of the 2nd Respondent dated 11.11.2013 in imposing recovery of Rs. 2,18,682/- on the Petitioner towards unimplemented punishment of increment cuts and action of the Respondents in recovering the said amount from the death cum terminal benefits of the Petitioners husband M. Ganesan, quash the same as illegal, arbitrary and consequently direct the Respondents to settle terminal benefits of his husband late. M. Ganesan including his gratuity of Rs. 1,00,694/- leave salary Rs. 10,410/-, refund of Institute of Road Transport contribution of Rs. 4,500/-

Prayer in WA(MD). 841/ 2017 :

praying this Hon`ble Court to against the Order dated 01/12/2016 in WP.(MD)No. 21789 of 2016.

Prayer in WP(MD). 21789/ 2016 :

Prayer in WA(MD). 960/ 2017 :

praying this Hon`ble Court to against the Order dated 29/11/2016 in WP.NO. 15031 of 2014 .

Prayer in WP(MD). 15031/ 2014 :

Certiorarified Mandamus after calling for the records from the 1st Resopndent relating to the impugned order dated 09.06.2014 passed in Ref. TNSTC/KUM/TRY/DS/SM1/ 4089/2014, quash the same and consequently to direct the 1st Respondent to pay the petitioner all his terminal benefits with 16% inteerest P.A. and further directing the Respondents to treat his entire service period from 26.06.87 to 30.09.2013 as his pensionabale service and t pay him pension every month from 01.10.2013 and pension arrears from 01.10.13 and other pension benefits under the TNTCEPFS pension Rules together with 16% interest p.a and thus render justice. Prayer in WA(MD). 961/ 2017 :

praying this Hon`ble Court to against the Order dated 01/12/2016 in WP.NO. 3227 of 2016.

Prayer in WP(MD). 3227/ 2016 :

mandamus directing the Respondent to refund recovered amount of Rs.1,61,403 to the petitioner with 18% p.a. and thus render

justice.

Prayer in WA(MD). 962/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.NO. 16996 of 2016.

Prayer in WP(MD). 16996/ 2016 :

Prayer in WA(MD). 963/ 2017 :

praying this Hon`ble Court to against the Order dated 03/11/2016 in WP.NO. 16998 of 2016.

Prayer in WP(MD). 16998/ 2016 :

Prayer in WA(MD). 964/ 2017 :

praying this Hon`ble Court to against the Order dated 30/11/2016 in WP.NO. 22828 of 2016.

Prayer in WP(MD). 22828/ 2016 :

Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent dated 17.10.2016 in ordering recovery of Rs. 2,67,550/- towards non-implemented increment cut recovery and a sum Rs. 68,109/- towards excess leave recovery quash the same as illegal and arbitrary and consequently direct the respondents to settle the petitioners gratuity, monthly pension, commuted value of pension, Social Security Scheme amount,

etc., Prayer in WA(MD). 1093/ 2017 :

praying this Hon`ble Court to against the Order in WP(MD).NO.17826 of 2016 dated 03/11/2016, in so far as not directing the respondents to pay interest for the payment of terminal benefits. Prayer in WP(MD). 17826/ 2016 :

praying this Hon`ble Court to against the Order in WP(MD)NO. 17005 of 2016 dated 03/11/2016, in so far as not directing the respondents to pay interest for the payment of terminal benefits. Prayer in WP(MD). 17005/ 2016 :

praying this Hon`ble Court to against the Order in W.P(MD) No.9497 of2015 dated 3.11.2016 in so far as not directing the respondents to pay interest for the payment of terminal benefits for the following among other

Prayer in WP(MD). 9497/ 2015 :

Prayer in WA(MD). 1096/ 2017 :

praying this Hon`ble Court to against the Order in WP(MD)No. 15502 of 2014 dated 03/11/2016, in so far as not paying interest for the payment of terminal benefits .

Prayer in WP(MD). 15502/ 2014 :

Declaration, declaring the action of the respondents in ordering recovery of Rs. 1, 62,540/- from the gratuity of the petitioners husband towards unimplemented punishments of increment cut, as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently to forbear the respondents from recovering the above said amount from the death cum retirement gratuity payable to her on account of the death of her husband and further directing the respondent to settle her the gratuity of Rs. 2,13,180/- Refund of IRT Contribution of Rs. 4,360/- and family pension arrears for the period from 31.01.2013 to 31.05.2014 without making any recovery together.

Prayer in WA(MD). 1277/ 2011 :

praying this Hon`ble Court to against the Order dated 13.10.2011 dismissing W.P.No.11766 of 2011.

Prayer in WP(MD). 11766/ 2011 :

Mandamus, directing the respondent to repay the amount of

Rs.74,727.25 with interest of 16% per annum to the petitioner by holding that the action of the Respondent in recovering the amount from his terminal benefits as benefits as towards non-implemented increment cuts was illegal and thus render justice. Prayer in WA(MD). 197/ 2013 :

praying this Hon`ble Court to against the Order dated 10.08.2011 in WP.(MD).No. 9889/2007 Prayer in WP(MD). 9889/ 2007 :

Declaration declaring that the action of the Respondent in recovering the amount of Rs. 49,450.50 from the terminal benefits of the petitioner as towards non-implemented punishment of increment cuts imposed on the petitioner and also in not paying gratuity for 2 years of his service in his total services of 22 years in the respondent corporation as illegal and consequently direct the respondent to repay the recovered amount of Rs.49,450.50 and also the gratuilty amount for the remaining period of 2 years in his total service period of 22 years in the Respondent corporation together with interest of 16 % per annum and thus render justice.

Mr.Ajoy Khose for Mr.A.Rahul, Advocates in Appellant in WA(MD) Nos.465,231,232,238,239,280,311,388,221,87,66,68,74,75,77,78,31,38 ,89,110,111,112,117,120,134,144,158,234,254,255,325, WA(MD)Nos.563,559,585,575,576,1093 of 2017 For Respondent in WA(MD) Nos.590,352,355,359,360,362,263,367,470,487,492,961 to 963/2017 For 1st Respondent in WA(MD)Nos.345 to 351,353,354,356 to 358,361,364 to 366,368,448 to 455, 471 to 486,488 to 491,493 to 495,840,841,960,964/17 For R1 to R5 in WA(MD)No.830/17 Mr.D.Sivaraman, Advocate for R1 and R2; WA(MD) Nos.465,238,311,,74,77,78,110,134,144,325,563,585,575,576,1094 to 1096/17 For Respondents 1 to 3 : WA(MD) Nos.231,232,239,280,388,221,87,66,75,31,38,89,111,112,117,120,158, 234,254,255,559 and 1093 of 2017

for 1st Respondent in WA(MD)No.68/17 For Appellants in WA(MD)Nos.590,345 to 368,448 to 455,470 to 495,839 to 841,960 to 964/2017 and WA(MD)No.197/2013 For Respondent in WA(MD)No.1277/2011 Mr.K.Sathya Singh Advocate for 3rd Respondent in WA(MD) Nos.465,238,311,74,77,78,134,144,325, 563,585,576,1094 to 1096/17 For 4th Respondent in WA(MD)Nos.231,232,239,280,388 , 221 , 87,66,31,89, 111,112,117,120,1458,255, 559, 1093/17 For 2nd Respondent in WA(MD)Nosw.345 to 351,353,354,356,357,358,361,364 to 366, 368,448 to 455,471 to 486,488 to 491,493 to 495,840, 841,960 and 964/17 For 6th Respondent in WA(MD)Nos.839/17 Mr.S.Arunachalam, Advocate for Appellant in WA(MD)No.1277 of 2011 Common Judgement ******************* [Judgment of the Court was delivered by T.S.Sivagnanam, J.] As the issue involved in these Writ Appeals is identical in nature, they were heard together and disposed of, by this common order.

For the sake of conciseness and easy reference/understanding, the nomenclature of the parties herein shall be referred to in the following manner through out this judgment and order, i.e., i) Tamil Nadu State Transport Corporation, as Management, ii) first respondent, who are retired employees of the Management/Corporation, as workmen, and iii) Tamil Nadu State Transport Corporation Pension Fund Trust, as Corporation/Trust.

3. This batch of Writ Appeals can be categorized into three sets. The first set of Appeals have been filed by the Management, challenging the orders passed by the learned Single Judge, dated 03.11.2016 etc., by which, the learned Single Judge allowed the Writ Petitions filed by the workmen and set aside the orders of recovery, and directed the Management to settle all the terminal benefits to the workmen. The second set of Appeals have been filed by the workmen against the order passed by the learned Single Judge, dated 03.02.2017, by which, order of recovery and the punishment have been confirmed. The third set of Appeals is again by the workmen, aggrieved by that portion of the order, dated 03.11.2016, by which, the learned Single Judge, while

allowing the Writ Petitions, and directing the Management to settle all the terminal benefits to the workmen, did not pass any orders with regard to payment of interest.

4. The undisputed facts are as follows;- i) The workmen of the Management have attained the age of superannuation, and retired from service by availing the benefit of Voluntary Retirement Scheme (VRS). As on the date, on which, the impugned orders of recovery / punishment were passed, none of the workmen were in service. The punishment imposed on the workmen is major, viz., the punishment of stoppage of increment with or without cumulative effect for periods ranging from 1 to 3 years. It is pertinent to mention here that the punishment was not implemented when the workmen were in service, and only on they attaining the age of superannuation or after having been permitted to retire from service, the Management sought to implement the punishment by invoking Clause 25 (1) (iv) (b) of the Standing orders framed for the employees of the Management/Corporation certified by the Appellate Authority under the Industrial Employment (Standing Orders) Act, 1946.

ii) The Management's case is that, the monetary value, equivalent to the amount of increment ordered to be withheld, is recoverable from the terminal benefits of the workmen, as the said certified Standing Orders provide for such a remedy, in cases, where, such an order cannot be given effect to. iii) The Management contended that there is also Common Service Rules framed for its workmen, which provides for the various types of penalties imposable on the employee, and two of the major penalties in terms of Rule 4 (d) (e) of the Discipline and Appeal Rules, appended to the Common Service Rules, are i) Withholding of increment with or without cumulative effect and ii Recovery from pay to the extent of monetary value equivalent to the amount of increment, ordered to be withheld, where, such an order cannot be given effect to. There is an explanation, appended to the said provision, which states that, in case of stoppage of increment with cumulative effect, the monetary value, equivalent to three times, the amount of increment ordered to be withheld, may be recovered.

5. Before deciding the merits of the case, firstly, it has to be seen, as to, under which Rule, the workmen of the Management are governed by. It is admitted by the Management that the workmen are governed by Certified Standing Orders, framed for the employees of the Management/Corporation by the Appellate Authority under the Industrial Employment (Standing Orders) Act 1946 (supra), but, contrary to the same, the impugned orders of recovery were passed by the Management, by following the provisions of the Common Service Rules, viz., Rule 4 (1) (e). Pitted with this position, the learned counsel for the Management

submitted that the Management has no option, except, to opt for Rule 4 (1) (e) of the Common Service Rules, for, the workmen suffered punishment of withholding of increment, which could not be given effect to, as the workmen did not have the requisite remaining years of service. That apart, such a remedy is not found in the Certified Standing Orders. This submission is untenable, for the reason that, when the Management has admitted that the workmen are governed by the Rules framed under the Certified Standing Orders, in violation to the same, it cannot follow Rule 4 (1) (e) of the Common Service Rules, by invoking Clause 25 (1) (iv) (b) of the Certified Standing Orders. Therefore, we have no hesitation to hold that the orders passed by the Management, recovering three times the monetary value equivalent to the amount of increment, are without jurisdiction, as there is no such provision in the Certified Standing Orders, enabling the Management to pass such orders. Therefore, on that ground, the impugned orders are required to be set aside.

6. Having steered clear of this issue, we will have to address the main issue, which has been raised before us.

7. The learned counsel for the Management interpreted the provisions of Clause 25 of the Certified Standing Orders, and submitted that, in terms of Clause 25 (1) IV (b) of the Standing Orders, recovery of the monetary value equivalent to the amount of increment ordered to be withheld could be recovered, where, such an order could not be given effect to, and the reason, as to why, the orders of punishment were not capable of implementation while the workmen were in service, is owing to the fact that, in certain cases, the workmen did not have requisite remaining years of service in view of their attaining the age of superannuation. Further, it is submitted that the Standing Orders are applicable only to the workmen, who have been certified under the provisions of the Standing Orders. It has statutory force and the Management was justified in passing the orders of recovery.

8. Further, it is submitted by the learned counsel that, though the workmen, in support of their case, relied upon the decisions passed by learned Single Bench of this Court (mentioned infra), those decisions were distinguishable, since two of decisions pertain to different Corporations and those Certified Standing Orders does not contain such provision, as contained in the Standing Orders framed for the present Management/Corporation:- a) [N.Jothi Vs. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.] in W.P.(MD) No.9889 of 2007 dated 10.08.2011.

b) [Petchimuthu Vs. The Tamil Nadu State Transport Corporation (Madurai) Ltd.] in W.P.(MD)

No.12824 of 2012 dated 16.11.2012.

and c) [Sathiaseelan Vs. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.] in W.P.(MD) No.12705 of 2012 etc., dated 01.08.2013.

9. Further, it is submitted that the learned Single Judge, in the case of (U.Joseph Vs. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.) in W.P.(MD) No.6902 of 2014 and W.P.No.23615 of 2016, dated 03.02.2017 (impugned in W.A.(MD)Nos. 575 and 576 of 2017), has considered the legal position, and dismissed the Writ Petitions filed by the workmen. Further, it is submitted that though the Writ Appeal filed against the order rendered in Sathiaseelan's case was dismissed, it does not mean that the Management cannot contest this Appeal and nor it will operate as estoppel against the Management. In support of such contention, reliance was placed on the decision of the Hon'ble Supreme Court, in the case of (B.J.Akkara Vs. Government of India) reported in (2006) 11 SCC 709.

10. Further, it is submitted that, none of the workmen had challenged the orders of punishment, and they allowed the same to remain as such, and such orders of punishment cannot remain as paper orders and the workmen have to undergo the punishment. In support of this plea, the learned counsel placed reliance on the decision of the Hon'ble Supreme Court, in the case of (State of Orissa and others Vs. Kshetrabasi Mohanti and others) reported in (1997) 11 SCC 664. With regard to the effect of the Standing Orders, reference was made to the decision of the Hon'ble Supreme Court, in the case of (Workmen in Buckingham and Carnatic Mills, Madras Vs. Buckingham and Carnatic Mills, Madras) reported in (1970 I L.L.J. 26) (this decision having not been contested nor disputed and being well settled, we need not labour much or dwell any further on this aspect).

11. The learned counsel to supplement his submissions that, under what circumstances, orders of recovery could be interfered with, referred to the decision of the Central Administrative Tribunal, in the case of (K.Nageswaararao Vs. The General Manager and others) reported in CDJ (2009) CAT Hyderabad 110, in which, the Tribunal has referred to the decision of the Hon'ble Supreme Court in (Syed Abdul Qadir and others Vs. State of Bihar and others) reported in 2009 (3) SCC 475.

12. Further, it is submitted that the workmen have committed serious misconduct and misappropriation of money of the customers, by re-using the issued tickets, and caused revenue loss to the Management, resulting in minor and major accidents etc., and as long as the punishments were not challenged, the Management

was justified in passing recovery orders.

13. Further, it is submitted that, in terms of Clause 25 of the Certified Standing Orders, the punishment has to be awarded to the workmen for guilty of misconduct, and only in cases, where, such punishment awarded could not be given effect to, the question of recovering the monetary value equivalent to the amount of increment ordered to be withheld would arise, and that can be done only when such orders for recovery are passed separately. It is submitted that in the instant cases, no such order of recovery from pay was passed on the workmen, while they were in service. Therefore, the orders of recovery passed against the retired workmen are liable to be set aside.

14. Further, the learned counsel made an elaborate reference to the definition of the term ''Wages'', under Section 4 (rr) of the Industrial Disputes Act, 1947, and by emphasizing the expression 'workmen in respect of his employment', it is submitted that, wages would be payable to a workman in respect of his employment or for the work done in such employment. Obviously, what is paid to the workmen herein, is not wages but terminal benefits. The learned counsel further submitted that, no punishment can be imposed after retirement, and this being a well settled proposition, Writ Courts, in its' earlier decisions have rightly set aside the order of punishment. In support of the said contention, reliance was placed on the decision of the Hon'ble Supreme Court, in the case of (Dev Prakash Tewari Vs. Uttar Pradesh Cooperative Institutional Service Board, Lucknow and others) reported in (2014) 7 SCC 260.

15.

Further, it is submitted that, in the absence of any provision in the Certified Standing Orders, for retaining an employee in service beyond the age of retirement for the purpose of continuing the disciplinary proceedings, the orders of recovery passed against the retired workmen is wholly without jurisdiction. To support such contention, reliance was placed on the decision of the Hon'ble Full Bench of this Court, in the case of (S.Andiyannan Vs. The Joint Registrar, Cooperative Societies, Madurai Region, Madurai) reported in 2015 (4) CTC 1 .

16. Further, it is submitted that, in the celebrated decision of the Hon'ble Supreme Court, in the case of [State of Punjab and others Vs. Rafiq Masih (White Washer) and others], reported in (2015) 4 SCC 334, the Hon'ble Supreme Court laid down the parameters of fact situations, wherein, employees, who are beneficiaries of wrongful monetary gains at the hands of the employer, may not be compelled to refund the same. Therefore, it submitted that, all the contingencies of the situation mentioned therein, would be squarely applicable to the case on hand.

17. We have elaborately heard Mr.D.Sivaraman, the learned counsel appearing for the Management/Corporation, Mr.Ajay Khose, the learned counsel for Mr.A.Rahul, learned counsel for the workmen and Mr.K.Sathya Singh, the learned counsel appearing for the Corporation/Trust and perused the materials placed on record.

18. Though the factual issue appears to be complicated, the legal issue, which requires to be considered by us, lies in a very narrow compass. But, before testing the correctness of the submissions made on either side, and examining the correctness of the impugned orders passed in the Writ Petitions, it would be relevant to refer to the relevant clauses of the Certified Standing Orders as well as in the Common Service Rules. Clause 25 of the Certified Rules reads as follows:- "25.PUNISHMENT OF MISCONDUCT:

1. The following shall be the prescribed punishment that may be awarded to workman, guilty of misconduct.

i. Censure ii. Fine: Subject to the provisions of Payment of Wages Act.

iii. Stoppage of increments: Stoppage of increments with or without cumulative effect. a) Recovery from wages whole or part of any pecuniary loss, caused to the Corporation by the negligence or breach of orders of the workman.

b) Recovery from pay to the extent necessary of the monetary value equivalent to the amount of increment ordered to be with hold where such an order cannot be given effect to. c) Recovery from pay to the extent necessary of the monetary value equivalent to the amount of reduction to a lower stage in a time scale ordered where such an ordered cannot be given effect to.

v. Suspension not exceeding 30 days.

vi. Demotion to lower post or lower grades.

No workmen shall be demoted to any post or grades lower than to which he was initially recruited under the Corporation.

vii. Compulsory retirement.

viii. Removal from service or discharge.

ix. Dismissal from service.

x. Any of the above in case of accidents where driver is found to be guilty."

19. The Common Service Rules framed by the Management, which is applicable to the employees other than those covered by the Standing Orders, in Annexure V, is similar to the provisions contained in the Discipline and Appeal Rules, in which, Rule 4 would be relevant to be quoted for the purpose of deciding the issue :- "4 PENALTIES:

(1) The following penalties may be imposed on an employee, as hereinafter provided, for misconduct committed by him or for any other good and sufficient reasons.

MINOR PENALTIES:

(a) Warning (b) Censure (c) Fine MAJOR PENALTIES:

(d) Withholding of increments of Pay with or without cumulative effect.

(e) Recovery from Pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld, where such an order cannot be given effect to.

Explanation: In case of stoppage of increment with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered."

20. As pointed out earlier, recoveries have been effected from the terminal benefits paid / payable to the workmen by following the provisions contained in explanation appended to Rule 4 (1) (e) of the Common Service Rules. However, such provision is not contained in Clause 25 of the Certified Standing Orders. It is admitted by the Management that the Common Service Rules will not be applicable to its workmen, as workmen are covered by Certified Standing Orders. If that be so, then, the explanation contained in Rule 4 (1) (e) of the Common Service Rules, could have no application to the workmen, and the Management committed a serious error in invoking clause 25 (1) (iv) (b) of the said provision. Owing to this reason, in the preceding paragraph, we have opined that the orders of recovery are liable to be set aside on the said ground, as the Management has ordered to recover the monetary value three times equivalent to the amount of increment, in the absence of any such enabling provision in the Certified Standing Orders.

21. The next issue to be considered is as to whether

clause 25 of the Certified Standing Orders could have been invoked by the Management for recovery of the monetary value, three times equivalent to the amount of increment. The Certified Standing Orders, namely, Clause 25 (i), enumerates the punishments, that may be awarded to workmen for guilty of misconduct. One such punishment is stoppage of increment with or without cumulative effect. Clause 4 is sought to be interpreted by the Management, by stating that recovery could be effected from pay of the monetary value three times equivalent to the amount of increment, ordered to be withheld, where, such an order cannot be given effect to.

22. The Management have to cross three major hurdles to invoke Clause 25 1 (iv) (b). The first being that, it has to satisfy the Court that there were orders of punishment passed. The second being that recovery can be made from the terminal benefits. The third hurdle being that, unless and until, the punishment of stoppage of increment was modified as order of recovery of the monetary value equivalent to the amount of increment ordered to be withheld, the question of invoking Clause 25 1 (iv) (b) of the Certified Standing Orders does not arise. 23.

Admittedly, in the instant case, the punishment, which was imposed on the workmen, was punishment of stoppage of increment with or without cumulative effect, for periods ranging from 1 to 3 years. Further, it is an admitted fact that, prior to the workmen attaining the age of superannuation, or being permitted to retire on VRS Scheme, the punishment was not converted to that of order of recovery of monetary value. This would be the sound way to interpret Clause 25 of the Certified Standing Orders, while testing the correctness of the impugned orders, because, what is sought to be recovered is monetary value three times equivalent to the amount of the increment ordered to be withheld. But, the monetary value was never computed at an earlier point of time, prior to the retirement of the concerned workman.

24. The second aspect that has to be noted is, assuming that the contention raised by the learned counsel for the workmen is not tenable, the next hurdle, which the Management has to cross is to establish, as to why, such order could not be given effect to during the period of service of the workmen. There is nothing on record to show that there is any justifiable reason that the order of punishment could not be given effect to, while the workmen were in service. The explanation offered by the Management is that, certain punishments were not capable of implementation, as the workmen did not have the requisite number of remaining years of service. If such is the position, then, the Management, as an Employer, cannot feign ignorance of the fact as to when the workman will attain the age of superannuation and the Management should have been diligent enough to convert the order of punishment of stoppage of increment into an order of recovery. Only if the Management had done so, they would be justified in

relying upon the decision in Kshetrabasi Mohanti's case (supra). 25.

Keeping this issue aside for a while, we propose to examine the larger issue, which can give quietus to the entire controversy, viz., the issue as to whether the Management is vested with power to pass such orders of recovery against the retired workmen. The law is well settled on the said aspect, viz., if there is no Service Rules or Standing Orders, permitting the employer to continue the disciplinary proceedings or impose punishments against the employee after their date of retirement, no such action of recovery can be initiated and if done, it will be without jurisdiction.

26. In Dev Prakash Tewari's case, the Hon'ble Supreme Court pointed out that there was no authority vested with the Management therein, for continuing the disciplinary proceedings for the purpose of imposing any reduction in the retiral benefits payable to the appellant/workman.

27.

We have seen Clause 25 of the Certified Standing Orders, and it does not provide for any contingency to impose punishment on a retired employee. The Certified Standing Orders does not empower the employer, namely, the Management herein to retain a workman beyond the age of superannuation for the purpose of continuing the disciplinary proceedings as that are provided under the Fundamental Rules in respect of Government Servants.

28. In S.Andiyannan's case, the Hon'ble Full Bench of this Court considered a somewhat similar issue in a case arising under the provisions of Tamil Nadu Cooperative Societies Act, 1983 and held that, 'once an employee retired from service, there can be no authority vested with the employer for continuing any disciplinary proceedings'.

29.

The aforementioned two decisions, (viz., in Dev Prakash Tewari's case, & S.Andiyannan's case) are straight answers to the case of the Management to hold that the Management could not have passed the orders of recovery against the workmen, after the workmen having been permitted to retire, as there is no provision under the Certified Standing Orders to the said effect. One another argument was advanced by the learned counsel for the Management, by stating that the terms 'Wages' and 'Pay' used in Clause 25 of the Certified Standing Orders, have not been defined under the Standing Orders. Therefore, the Management was entitled to recover monetary value, as it was recoverable from the pay, payable to the workman, while he was in service, which would transform as terminal benefits, after retirement. The above submission is liable to be rejected for more than one reason. The Standing Orders Act defines the term ''Wages'', and in fact, the definition of the term ''Wages'' under Section 4 (rr) of the

Industrial Disputes Act, 1947 has been borrowed in the Standing Orders Act. The term 'Wages' would mean all remuneration capable of being expressed in terms of money, which would be payable to a workman in respect of his employment or of work done in such employment.

30. Admittedly, the workmen are no longer in service of the Management/Corporation, and what is to be paid to them, from which, this recovery has been ordered, is terminal benefits and not wages. Therefore, on this ground also Clause 25 (1) (iv) (b) of the Standing Orders could not have been invoked by the Management. A reading of Clause 25 of the Standing Orders presupposes that the workmen should be in service. Thus, Clause 25 of the Standing Orders cannot be invoked against a retired workman. 31.

It is contended by the learned counsel for the Management that Clause 25 of the Certified Standing Orders has not been challenged by the workmen. In our considered view, the question of challenging said Standing Orders, does not arise as the case of the workmen is that the said Standing Orders would have no application to them, as they all have attained the age of superannuation.

32.

Thus, on the above grounds, it has to be necessarily held that the orders of recovery passed by the Management against workmen, recovering three times the monetary value equivalent to the amount of increment ordered to be without, are absolutely without jurisdiction. Keeping aside all the above findings, we have to examine as to whether, in equity, the Management was justified in passing such orders of recovery. The answer to this question should be in negative.

33.

The Hon'ble Supreme Court, in Syed Abdul Qadir's case (supra), pointed out that the relief against recovery is granted by Courts, not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered. In a more recent decision, in the case of Rafiq Masih (White Washer) (supra), the Hon'ble Supreme Court culled out the various situations, wherein, recoveries by the Employers would be impermissible in law. It would be beneficial to quote Para No.18 of the said judgment, which reads as follows:- " " 18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein, recoveries by the employers, would be impermissible in law:

"(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).

(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." "

34. The workmen herein would fall within the category of (iii) and (iv) referred above, as the workmen are retired employees, therefore, no order of recovery could have been passed against them. Moreover, they would also be governed by clause (ii) referred above.

35. That apart, we can take judicial notice of the fact that the Management/Corporation has not been in a position to settle the retiral benefits to its workmen on the date of retirement or soon thereafter. Hence, the workmen are compelled to approach the Court and pursuant to the orders passed by the Hon'ble First Bench of this Court, the retiral benefits of the workmen, who retired without any blemish in their service, are paid in twelve installments. We have had instances, where, Contempt Petitions were filed by the retired workmen, as the State Transport Corporations have defaulted in adhering to the payment schedule. In such circumstances, if we weigh the scales, the workmen, obviously, have to be placed in a more advantageous position, as it would be inequitable, harsh and arbitrary to recover the monetary value equivalent to that of the amount of the increment ordered to be with held after retirement, that too,

three times the monetary value equivalent, which has been held to be wholly un-sustainable and without jurisdiction. Therefore, the situation mentioned by the Supreme Court, in para 18 (v) would also stand attracted.

36. In the preceding paragraphs, we have mentioned that the Management cannot effect such orders of recovery against retired employee, as there is no such provision under the Certified Standing Orders or in the Common Service Rules. Precisely, this was the reason for setting aside the punishment imposed on the employee of the Cooperative-Societies, in the case of S.Andiyannan (supra). It is submitted that, in certain cases, the entire retiral benefits have been withheld on the ground that orders of recovery have been passed, and in some cases, because of the recovery of three times the monetary value equivalent to the amount of increment ordered to be withheld, the entire retiral benefits, including the Gratuity, Provident Fund etc., have been adjusted.

37. One more important aspect, which we wish to point out is that, the Management cannot plead ignorance of the fact that, on the date, when punishment was imposed on the workmen, the punishment was not capable of being implemented as workmen did not have the required remaining years of service. If that is so, the Management cannot take shelter under the explanation contained Clause 4 (1) (e) to suit its own convenience, and the workmen cannot be put in a disadvantageous position. In such circumstances, the Management cannot rely on the decision of the Hon'ble Supreme Court in Kshetrabasi Mohanti (supra) where, the Hon'ble Supreme Court considered the correctness of the order by substituting the punishment for a candidate, who was still in service.

There, it was a case, where, it was not possible for the Corporation to implement the punishment, but, the case on hand, is a case, where, the Corporation was fully aware of remaining years of service in respect of each of the workmen, yet, chose to pass such orders of recovery. Thus, the Management, having failed to convert the punishment of stoppage of increment to that of order of recovery of monetary value, when the workmen were in service, it cannot turn around and say that those orders could be implemented by invoking Clause 25 (iv) (b) of the Certified Standing Orders.

38. Thus, for all the above reasons, we are of the firm view that the orders of recovery passed against the workmen are liable to be set aside. Accordingly, the orders of recovery are set aside and the issue that has been raised in regard to the first set of Appeals filed by the Management is answered in favour of the workmen. Insofar as the issue pertaining to the second set of Appeals filed by the workmen is concerned, the order of recovery is set aside and the punishment is confirmed. The second issue is answered partly in favour of the workmen. The next

aspect is as to whether the workmen are entitled to interest on the retiral benefits, which is the subject matter in the third set of Appeals. In terms of the relevant statute, when retirement benefits are delayed, they are required to be paid along with interest. Under the Tamil Nadu Pension Rules, an amendment has been brought by insertion of Rule 1 (A) in Rule 45 (A), which provides for interest on the Death cum Retirement Gratuity (DCRG) payable on expiry of three months even in respect of a Government servant, against whom, disciplinary proceeding was initiated and he was thereafter, exonerated of the charge.

If such is the position, insofar as the Government servants are concerned, we would be justified in exercising our discretion to direct the Management to pay the retiral benefits with reasonable interest since for a considerable length of time, the retirement benefits have not been paid, and the entire benefits have been fully wiped of under the garb of recovering three times the monetary value of the increment, which we have held in this order as wholly without jurisdiction and illegal. Therefore, we are inclined to direct the Management to pay reasonable interest on the said retiral benefits payable to the workmen, and this issue is answered in favour of the workmen.

39. In the result, the first set of Writ Appeals filed by the Management are dismissed, the second set of Writ Appeals filed by the workmen are partly allowed; and the third and last set of Writ Appeals filed are allowed, with a direction to the Management to settle the entire terminal benefits to the workmen in twelve equated monthly installments together with the simple interest at 6% per annum on the expiry of three months from the date of retirement of the concerned workman, in default, to pay interest at the rate of 18% per annum from the date of retirement till the date of payment. The first monthly installment shall commence from November, 2017 and the terminal benefits shall be paid on or before 10th of the said month, and the remaining installments shall be paid on or before the 10th day of every succeeding month. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar TO 1 THE SECRETARY TO GOVERNMENT OF TAMIL NADU TRANSPORT TRANSPORT, FORT SAINT GEORGE, CHENNAI 600 009.

2. THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT

CORPORATION, (KUMBAKONAM)LTD., KUMBAKONAM.

3 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, (KUMBAKONAM)LTD., TRICHY REGION, TRICHY 4 THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT CORPORATION, (MADURAI)LTD., BY PASS ROAD MADURAI.

5 THE MANAGING DIRECTOR STATE EPRESS TRANSPORT CORPORATION TAMIL NADU, PALLAVAN SALAI CHENNAI 600 002.

6 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., KUMBAKONAM REGION, KUMBAKONAM. 7 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., TRICHY REGION, TRICHY 8 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., NAGAPATTINAM REGION,NAGAPATTINAM 9 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI)LTD., MADURAI REGION,MADURAI 10 THE ASSISTANT MANAGER, PERSONNEL, STATE EXPRESS TRANSPORT CORPORATION TAMIL NADU PALLAVAN SALAI CHENNAI 600 002. 11 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., KARAIKUDI REGION, KARAIKUDI 12 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., KARUR REGION, KARUR 13 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD.

, KUMBAKONAM REGION, KUMBAKONAM. 14 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., PUDUKKOTTAI REGION, PUDUKKOTTAI. 15 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM)LTD., PUDUKKOTTAI REGION, PUDUKKOTTAI. 16 THE DEPUTY MANAGER (Accounts and Audit) Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Tricy.

18 THE ASSISTANT MANAGER, PERSONNEL, TAMIL NADU STATE TRANSPORT CORPORATION(KUMBAKONAM)LTD., TRICHY REGION, TRICHY 19 THE ASSISTANT MANAGER, PERSONNEL, TAMIL NADU STATE TRANSPORT CORPORATION(MADURAI)LTD., MADURAI REGION, MADURAI 20 THE ASSISTANT MANAGER, PERSONNEL, TAMIL NADU STATE TRANSPORT CORPORATION(KUMBAKONAM)LTD., KUMBAKONAM REGION, KUMBAKONAM 21 THE ASSISTANT MANAGER, ADMINISTRATION, TAMIL NADU STATE TRANSPORT CORPORATION(KUMBAKONAM)LTD., KUMBAKONAM REGION, KUMBAKONAM +4ccs to Mr.D.Sivaraman, Advocate, SR.No.63031 +2ccs to Mr.K.Sathiya Singh, Advocate, SR.Nos.63053, 63054 MR RL/28C/50P/ 25/10/2017 Common Judgement in W.A.[MD].Nos.465, 231, 232, 238, 239, 280, 311, 388, 221, 87, 66, 68, 74, 75, 77, 78, 31, 38, 89, 110 to 112, 117, 120, 134, 144, 158, 234, 254, 255, 325, 563, 590, 559, 585, 575, 576, 345 to 368, 448 to 455, 470 to 495, 839 to 841, 960 to 964, 1093 to 1096 of 2017, 1277 of 2011 and 197 of 2013 30.06.2017