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2026 Supreme(Online)(Mad) 23874
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
M.Selvaraj – Appellant
Versus
The Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd. – Respondent
Writ Petition
Important Points
Subject
Administrative Law - Writ Petition
Headnote
For the Appellant: Mr.S.Arunachalam
For the Respondent: Mr.K.Ramaiah
| Table of Content |
|---|
| 1. no jurisdiction to recover amounts for unimplemented punishment. (Para 1 , 2) |
| 2. recovery is illegal; directive for refund issued. (Para 3) |
O R D E R
This writ petition has been filed seeking a writ of mandamus directing the respondent to refund the amount of Rs.1,26,000/- recovered from the petitioner in the name of unimplemented punishment, together with
12% interest per annum.
2. Today, when the matter is taken up for hearing, Mr.S.Arunachalam, learned counsel for the petitioner and Mr.K.Ramaiah, learned Standing Counsel, who takes notice for the respondent – 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.
3. In the light of the above, recovery of Rs.1,26,000/- 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.1,26,000/- 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.
4. With the above direction, this writ petition is allowed. No costs.
