K.Jeyachandran, v. Tamil Nadu State Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.2435 of 2017 and WMP(MD)No.2061 of 2017 K.Jeyachandran ... Petitioner Vs.
1.Tamil Nadu State Transport Corporation, (Madurai) Ltd, Represented by its Managing Director, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation, (Madurai) Ltd, Madurai Region, Madurai.
3.The Branch Manager, TNSTC, Usilampatti Depot, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the original impugned order in Ref : Estt/E10/683 dated 06.01.2017 in so far as ordering recovery of Rs.1,54,050/- towards non-implemented punishment passed by the 2nd respondent and quash the same as illegal. For Petitioner : Mr.G.M.Xavier For Respondents : Mr.A.Jayaram
ORDER
This writ petition has been filed to quash the impugned order passed by the second respondent dated 06.01.2017, in so far as ordering recovery of Rs.1,54,050/- towards non-implemented punishment.
2.The grievance of the petitioner is that he was issued with an order of recovery, on account of non implemented punishment. Aggrieved against such order of recovery, the petitioner is before this Court.
3.The learned Counsel appearing for the petitioner submitted that the issue involved in this writ petition had already been settled by this Court, by order dated 16.11.2012, in WP(MD) No.12824 of 2012 and therefore, prayed for passing similar orders in this writ petition also.
4.The relevant portions of the above said order read as follows:
"4.When an order of penalty is passed, it is the duty of the disciplinary authority to see as to how far it could be enforced. The disciplinary authority, who imposed the penalty of stoppage of increment for four months with cumulative effect appears to have lost sight of the impending retirement of the petitioner from service. The service of persons like the petitioner are governed by the Standing Orders issued under the Industrial Employment (Standing Orders) Act. Though stoppage of the increment for a specified duration, can be converted into recovery of the amount equivalent to the same, by virtue of certain provisions contained in the Fundamental Rules, in respect of Government Servants who reach superannuation before such penalties are implemented in full, the same logic may not apply to the employees of Transport Corporations. The provisions of the Fundamental Rules may not per se apply tot he Transport Corporation employees.
5.In any event, the order of penalty at least should have taken care of the contingency and made it clear that a recovery of an equivalent amount will be ordered. But the penalty order dated 15.11.2011 does not convert the penalty into one of recovery of the equivalent amount. Therefore, what has actually happened is a recovery without any order and that too effected after retirement. It is wholly illegal. In view of the above, the writ petition is allowed directing the respondent to settle all the terminal benefits without any recovery to the petitioner within a period of eight weeks from the date of receipt of a copy of this orders. If the amount has already been paid, the same shall be deducted. No costs."
5.The learned Standing Counsel appearing for the respondents has not seriously objected to the above submission. 6.Under such circumstances, in the light of the above cited decision, this writ petition is disposed of, directing the respondents to repay the recovered amount, within a period six weeks
from the date of receipt of a copy of this order. No costs. Consequently, WMP(MD)No.2061 of 2017 is closed. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Ltd, Madurai.
2.The General Manager, Tamil Nadu State Transport Corporation, (Madurai) Ltd, Madurai Region, Madurai.
3.The Branch Manager, TNSTC, Usilampatti Depot, Madurai.
+1 CC to M/s.G.M.XAVIER, Advocate in SR-55736 WP(MD)No.2435 of 2017 mj PK/11.04.2019 : 3P/5C