The Tamilnadu State Transport Corporation v. K.Ashokan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.11762 of 2024 1.The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep., by its Managing Director, Tirunelveli.

2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli.

... Appellants / Respondents -vsK.Asokan ... Respondent / Writ Petitioner PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 20.10.2022 passed in W.P.(MD)No.20293 of 2022. For Appellants :

Mr.K.Ramaiah For Respondent : Mr.A.Rahul

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Challenge in the appeal is the order of the Writ Court dated 20.10.2022 made in W.P.(MD)No.20293 of 2022, the action of the management in recovering a sum of Rs.83,600/- (Rupees Eighty Three Thousand Six Hundred only) from his gratuity towards the monetary value equivalent to the non effected punishment. The Writ Court has relied upon a division bench judgement of this Court in W.A.(MD)No.465 of 2017 etc., batch wherein such a recovery has been held to be illegal.

2. We, therefore, do not find any reason to interfere with the order of the Writ Court. The writ appeal fails, accordingly, the appeal is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

[R.S.M., J.] [L.V.G., J.] 05.09.2024 NCC :Yes/No Index :Yes/No Internet: Yes Sml

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 05.09.2024