The recovery of amounts towards unimplemented punishments is illegal and arbitrary.

O R D E R

Mr.K.Ramaiah, learned Standing Counsel, takes notice for the respondent – Transport Corporation.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent – Transport Corporation.

4. This writ petition has been filed seeking a writ of mandamus directing the respondent to refund the amount of Rs.11,900/- recovered from the petitioner in the name of unimplemented punishment, together with 12%

interest per annum.

5. Today, when the matter is taken up for hearing, learned counsel for the petitioner and learned Standing Counsel appearing for the respondent – Transport Corporation, agreed that the issue that arises for consideration in this writ petition is squarely covered by the Judgment passed by the learned Division Bench of this Court vide W.A.(MD) No.1270 of 2020, dated 15.06.2021, wherein it was held that the respondent – Transport Corporation is not entitled to recover any amount towards unimplemented orders of punishment of postponement of increment and any such attempt on the part of the respondent – Transport Corporation was held to be without jurisdiction.

6. In the light of the above, recovery of Rs.11,900/- from the petitioner towards unimplemented punishment of stoppage of increment is found to be declared as illegal, arbitrary and contrary to law. Consequently, the respondent – Transport Corporation is directed to refund the amount of Rs.11,900/- to the petitioner together with 6% per annum, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is allowed. No costs.