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Madras High CourtWP(MD)/20112/2024allowed

Dhakishinamurthy .L v. The Managing Director

2024-09-10Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.20112 of 2024 and W.M.P(MD) No.17076 of 2024 L.Dhakshinamurthy ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, No.27, Railway Station New Road, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Railway Station New Road, Kumbakonam, Thanjavur District.

3. The Administrator, Tamil Nadu State Transport Corporation Limited, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

... Respondents 1/6

PRAYER: Writ Petition 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 final order passed by the second respondent in ghh;it: jmNghf/b6/Vbgp/451/2002, dated 09.06.2023 and quash the same as illegal and consequently direct the respondents to calculate and disburse the terminal benefits after including 1 stage reduction from the last drawn basic pay with interest within the time stipulated by this Court. For Petitioner : Mr.K.Gokul For R1 and R2 : Mr.K.Ramaiah Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

The instant writ petition has been filed by a Special Grade Watchman working in the respondent Transport Corporation, seeking to quash the order dated 09.06.2023, wherein the punishment of one stage reduction from the last drawn basic pay has been imposed upon the writ petitioner.

2. Admittedly, the petitioner had retired from service on 31.05.2019 and an order was passed on the said date permitting the petitioner to retire from 2/6

services without prejudice to the pendency of DVAC proceedings. This order was put to challenge in W.P(MD) No.251 of 2021. This Court, by an order dated 09.11.2022 had quashed the said order and directed the respondent Transport Corporation to permit the petitioner to retire from services and further directed the disbursement of the terminal benefits to be paid within a period of twelve weeks. In case, if there is any delay beyond a period of twelve weeks, the Management was directed to pay interest at the rate of 6% per annum. Thereafter, the present impugned order has been passed, wherein the petitioner has been imposed with a punishment of one stage reduction from the last drawn basic pay based upon the charge memo dated 22.05.2018. This final order of imposition of punishment is under challenge in the present writ petition.

3. It is an admitted fact that there is no provision either under the Standing Order or under Service Regulations of the Transport Corporation to continue the disciplinary proceedings after the date of retirement. The petitioner, having retired from service on 31.05.2019, the respondent Management do not have any jurisdiction whatsoever to pass the present impugned order of punishment. That apart, the punishment imposed under the 3/6

impugned order, namely, one stage reduction from the last drawn basic pay is not one of the cataloged punishments under the Standing Order. Therefore, view from any angle, the order impugned in the writ petition is not sustainable in the eye of law.

4. In view of the above said deliberations, the order impugned in the writ petition is hereby quashed and the respondents are directed to disburse the terminal benefits within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition stands allowed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

10.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6

To

1. The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, No.27, Railway Station New Road, Thanjavur District.

2. The General Manager, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Railway Station New Road, Kumbakonam, Thanjavur District.

3. The Administrator, Tamil Nadu State Transport Corporation Limited, Employees Pensions Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

5/6

R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.20112 of 2024 10.09.2024 6/6