E.Ganesan, v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD).No.15167 of 2018 E.Ganesan ... Petitioner Vs.
The Management of Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Rep. by its Managing Director, Tirunelveli.
... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondent to refund the amount Rs.44,280/- recovered from the terminal benefits of the petitioner in the name of punishment uneffected period value together with 6% interest p.a.
For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Sathiya Singh standing counsel for TNSTC
ORDER
The petitioner has come forward with this petition for issuance of Writ of Mandamus directing the respondent to refund the amount Rs.44,280/- recovered from the terminal benefits of the petitioner in the name of punishment uneffected period value together with 6% interest per annum.
2.Mr.K.Sathiya Singh, learned Standing counsel for TNSTC, takes notice for the respondent. By the consent of both parties, this writ petition is disposed of at the admission stage itself. 3.The petitioner is a retired employee of the respondent Corporation. A sum of Rs.44,280/- was withheld from the terminal benefits on the pretext of enforcing the un-implemented punishment. 4.This Court has held on several occasions that such withholding is not permissible in law. Therefore, the respondent is directed to disburse the said amount of Rs.44,280/- to the petitioner within a period of two months. It is made clear if the amount is not paid within the above stipulated time, it would carry 6% interest from the initial date of accrual. https://hcservices.ecourts.gov.in/hcservices/
5.With this above direction, this writ petition stands allowed. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To +1cc to M/S.S.Arunachalam, Advocate SR.No. 72853 +1cc to M/S.K.Sathiya Singh, Advocate SR.No. 73115 W.P(MD).No.15167 of 2018 tm JM/PN/SAR 3/26.07.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/