IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 3-1-2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM W.P.Nos.19231, 19232, 19258 and 19259 of 2007 and 46190 to 46196, 47690 to 47692, 46602 to 46605, 46543 to 46547, 46502 to 46506, 46417 to 46421, 46306 to 46310, 47473 to 47477, 47759 to 47763, 47543 to 47547 and 47679 to 47683 of 2006, and 16050 to 16054, 16063 to 16067, 20185 and 20186, 10335, 4226, 4227, 21286 to 21290, 26392 to 26394 and 26385 of 2007 and 47710 to 47715 of 2006 and MP Nos.1 and 2, 1 and 2 of 2007 and 2 and 2, 2 to 2, 2 to 2, 2 to 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2 to 2, 2, 2, 2, 2 and 2 of 2006, 2, 2, 2, 2 and 2, 2, 2, 1, 2, 2, 1, 1, 1, 2 and 2, 3, 3, 3, 3 and 3, 1, 2, 3, 1, 2, 3, 1, 2, 3 and 1 and 2 of 2007 and 1, 1, 1, 1, 1 and 1 of 2006 N.Jayaprakash .. Petitioner in WP 19231/2007, 19232/07 C. Aruldass .. Petitioner in W.P.19258/07, 19259/07 T. Balamurugan .. Petitioner in W.P.No.46190/06 N. Arunagiri .. Petitioner in W.P.No.46191/06 P. Murugan .. Petitioner in W.P.No.46192/06 P. Manickam .. Petitioner in W.P.No.46193/06 Manivel .. Petitioner in W.P.No.46194/06 M. Chandran .. Petitioner in W.P.No.46195/06 R. Chandrasekaran .. Petitioner in W.P.No.46196/06 M. Matheswaran .. Petitioner in W.P.No.47690/06 P. Krishnan .. Petitioner in W.P.No.47691/06 C. Udhayakumar .. Petitioner in W.P.No.47692/06 M. Gunasekar .. Petitioner in W.P.No.46602/06 A. Jeevanantham .. Petitioner in W.P.No.46603/06 P. Karuppusamy .. Petitioner in W.P.No.46604/06 M. Ravikumar .. Petitioner in W.P.No.46605/06 N. Gurusamy .. Petitioner in W.P.No.46543/06 V.K. Arumugam .. Petitioner in W.P.No.46544/06 P. Palanisamy .. Petitioner in W.P.No.46545/06 N. Bharathan .. Petitioner in W.P.No.46546/06 K. Lakshmipathy .. Petitioner in W.P.No.46547/06 N. Arjunan .. Petitioner in W.P.No.46502/06 R. Venkatachalam .. Petitioner in W.P.No.46503/06 A. Kumar .. Petitioner in W.P.No.46504/06 P. Krishnaswamy .. Petitioner in W.P.No.46505/06 R. Sivasubramani .. Petitioner in W.P.No.46506/06 C.P. Shivakumar .. Petitioner in W.P.No.46417/06 S. Palanivel .. Petitioner in W.P.No.46418/06 A. Sathasivam .. Petitioner in W.P.No.46419/06 P. Prakash .. Petitioner in W.P.No.46420/06 M. Sathish .. Petitioner in W.P.No.46421/06 M.Shivakumar .. Petitioner in W.P.No.46306/06 https://hcservices.ecourts.gov.in/hcservices/ R. Saravanan .. Petitioner in W.P.No.46307/06 R. Palanisamy .. Petitioner in W.P.No.46308/06 K. Ravikumar .. Petitioner in W.P.No.46309/06 R. Nandakumar .. Petitioner in W.P.No.46310/06 A. Kuppusamy .. Petitioner in W.P.No.47473/06 V. Selvam .. Petitioner in W.P.No.47474/06 E. Vasanthan .. Petitioner in W.P.No.47475/06 P. Venkatesan .. Petitioner in W.P.No.47476/06 M. Velumani .. Petitioner in W.P.No.47477/06 K. Shanmugham .. Petitioner in W.P.No.47759/06 R. Kumaran .. Petitioner in W.P.No.47760/06 K. Kumar .. Petitioner in W.P.No.47761/06 T. Bhoopathy .. Petitioner in W.P.No.47762/06 D. Muthusamy .. Petitioner in W.P.No.47763/06 Duraisamy .. Petitioner in W.P.No.47543/06 S. Mohankumar .. Petitioner in W.P.No.47544/06 D. Raghu .. Petitioner in W.P.No.47545/06 R. Samuvel .. Petitioner in W.P.No.47546/06 T.M. Jaganadhan .. Petitioner in W.P.No.47547/06 N. Durairaj .. Petitioner in W.P.No.47679/06 Kumar Vadivel .. Petitioner in W.P.No.47680/06 P. Natarajan .. Petitioner in W.P.No.47681/06 N. Thanikachalam .. Petitioner in W.P.No.47682/06 M. Senthilkumar .. Petitioner in W.P.No.47683/06 N. Mohanarangan .. Petitioner in W.P.No.16050/07 P. Thiagarajan .. Petitioner in W.P.No.16051/07 S. Jaganathan .. Petitioner in W.P.No.16052/07 R. Arumugam .. Petitioner in W.P.No.16053/07 D. Selvam .. Petitioner in W.P.No.16054/07 S. Shivakumar .. Petitioner in W.P.No.16063/07 A. Brahmamurthy .. Petitioner in W.P.No.16064/07 N. Saravanan .. Petitioner in W.P.No.16065/07 N. Rajan .. Petitioner in W.P.No.16066/07 K. Sathishkumar .. Petitioner in W.P.No.16067/07 R. Thirumurugan .. Petitioner in W.P.No.20185/07 R. Palanisamy .. Petitioner in W.P.No.20186/07 G. Venkatachalam .. Petitioner in W.P.No.10335/07 S. Shanmugasundaram .. Petitioner in W.P.No.4226/07 G. Selvakumar .. Petitioner in W.P.No.4227/07 A.K. Sanjeevanathan .. Petitioner in W.P.No.21286/07 T. Gunasekaran .. Petitioner in W.P.No.21287/07 R. Rajagopal .. Petitioner in W.P.No.21288/07 M.N. Kuppusamy .. Petitioner in W.P.No.21289/07 N.S. Sundaramurthy .. Petitioner in W.P.No.21290/07 M. Ashokkumar .. Petitioner in W.P.No.26392/07 Karthik Prabhu .. Petitioner in W.P.No.26393/07 V.K. Manisekaran .. Petitioner in W.P.No.26394/07 K.P. SenthilKumar .. Petitioner in W.P.No.26385/07 R. Nallasivam .. Petitioner in W.P.No.47710/07 M. Sekar .. Petitioner in W.P.No.47711/07 C. Palanisamy .. Petitioner in W.P.No.47712/07 P. Kannan .. Petitioner in W.P.No.47713/07 M. Shakthivel .. Petitioner in W.P.No.47714/07 V. Shanmugham .. Petitioner in W.P.No.47715/07 https://hcservices.ecourts.gov.in/hcservices/ vs THE DISTRICT MANAGER – I TAMIL NADU STATE MARKETING CORPORATION LIMITED M.S.R. COMPLEX, DAYALAN STREET COIMBATORE 641 038. .. RESPONDENT IN, WP.Nos. 19231/2007, 19232, 19258, 19259/07 1. THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, CHENNAI-09 2 THE MANAGING DIRECTOR, TASMAC, EGMORE, CHENNAI 3 THE SENIOR REGIONAL MANAGER TASMAC, COIMBATORE 4. THE DISTRICT MANAGER TASMAC, ERODE DISTRICT ... RESPONDENTS IN W.P.46190 TO 46196/06, 47690 TO 47692/06, 46602 TO 46605/06, 46543 TO 46547/06, 46502 TO 46506/06, 46417 TO 46421/06, 46306 TO 46310/06, 47473 TO 47477/06, 47759 TO 47763/06, 47543 TO 47547/06, 47679 TO 47683/06, 47710 TO 47715/06. 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, CHENNAI-09 2 THE MANAGING DIRECTOR TASMAC, EGMORE, CHENNAI 3 THE SENIOR REGIONAL MANAGER TASMAC, COIMBATORE ... RESPONDENTS 1 TO 3 IN W.P.NOS. 16050 TO 16054/07, 16063 TO 16067/07,20185, 20186/07,10335/07, 4226/07, 4227/07, 21286 TO 21290/07, 26392 TO 26394/07, 26385/07, 4 THE DISTRICT MANAGER AND DEPUTY COLLECTOR, TASMAC, COIMBATORE .. 4TH RESPONDENT IN W.P.16050 TO 16054, 16063 TO 16067/07, 4226, 4227/07 https://hcservices.ecourts.gov.in/hcservices/ THE DISTRICT MANAGER AND DEPUTY COLLECTOR TASMAC, ERODE DISTRICT ... 4TH RESPONDENT IN W.P.20185, 20186/07, 21286 TO 21290/07, 26392 TO 26394/07, 26385/07 THE DISTRICT MANAGER TASMAC, COIMBATORE DISTICT ... 4TH RESPONDENT IN W.P.10335/07 WP 19231/2007 filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records relating to the proceedings in Memorandum in Na.Ka.No.1129/05/R.V.3 dated 4.8.2006 and the consequential demand under the Memo dated 3.4.2007 on th file of the respondent herein insofar as the petitioner is concerned and to quash the same and to direct the respondent to restore all those monetary benefits including the incentive bonus to the petitioner withheld by the respondent within a time frame. 2. To issue a writ of certiorarified Mandamus Calling for the records relating to the proceedings in memorandum in Na.Ka.No.1151/R.V.1 dt 24.4.2007 and to quash the same and direct the respondent to restore the petitioner in the services, with all the attendant benefits within a time frame as may be fixed (w.P.No.19232/07, 19259/07) 3. To issue a writ of certiorarified Mandamus calling for the records relating to the proceedings in memorandum in Rc No. 1129/05/R.V. 3 dated 4.8.2006 and the consequential demand under the Memo RC.NO.1129/06 RV 8 dated 3.4.2007 on the file of the respondent herein, in so far as the petitioner is concerned and to quash the same and to direct the respondent to restore all those monetary benefits including the incentive bonus to the petitioner with held by the respondent within a time frame and may be fixed by the Honourable Court (W.P.No.19258/07) 4. to issue a writ of certiorari calling for the records relating to the order passed by the 4th respondent in Na.Ka.No.532/2005/R2 dated 7.10.2006 and quash the same so far as the petitioner in concerned (W.P.No.46190 to 46196/06, 47690 to 47692/06, 46602 to 46605/06, 46543 to 46547/06, 46502 to 46506/06, 46417 to 46421/06, 46306 to 46310/06, 47473 to 47477/06, 47759 to 47763/06, 47543 to 47547/06, 47679 to 47683/06, 47710 to 47715/06. 5. to issue a writ of certiorari calling for the records relating to the order passed by the 4th respondent in Na.Ka.No.1129/05/RV8, dated 04/08/2006 and consequential order recovery notice dated 11/04/2007 passed in Na.Ka.No.532/2005/R2 and quash the same. W.P.16050 to 16054/07, 16063 to 16067/07, 21286 to 21290/07) https://hcservices.ecourts.gov.in/hcservices/ to issue a writ of certiorari calling for the records relating to the order of suspension passed by the 4th respondent in Na.Ka.No. 532/05/R2 dated 7.5.2007 and quash the same. (W.P.20185, 20186/07, 26385/07) to issue a writ of certiorari Calling for the records relating to the order passed by the 4th respondent in Na.Ka. No.1129/2006/R.V.8, dt 17.2.2007 and quash the same. (W.P.10335/07) to issue a writ of certiorari calling for the records relating to the order passed by the 4th respondent in Na.ka.No.1129/05/RV8 dt 4.8.2006 and consequential order of recovery dated 11.12.2006 passed in Na.ka.No.1129/06/RV8 and quash the same (W.P.426, 4227/07) to issue a writ of certiorari calling for the records relating to the order passed by the 3rd respondent in Na.Ka.No.1129/05/Rv8 dated 4.8.2006 and consequential order recovery notice dated 11.4.2007 passed in Na.Ka.No.532/2005/R2 by the 4th respondent and quash the same (W.P.26392 to 26394/07) For Petitioner : Mr.S.Subbiah in WP 19231/2007, 19232, 19258, 19259/07 Mr.S. Parthasarathy, Advocate for the Petitioner in W.P.No.46190 to 46196/06 47690 to 47692/06, 46602 to 46605/06, 46543 to 46547/06, 46502 to 46506/06 46417 to 46421/06, 46306 to 46310/06, 47473 to 47477/06, 47759 to 47763/06, 47543 to 47547/06, and 47679 to 47683 of 2006, 16050 to 16054/07, 16063 to 16067/07, 20185 and 20186/07, 4226, 4227/07 21286 to 21290/07, 26392 to 26394/07, and 26385 of 2007 and 47710 to 47715 of 2006 Mr.P.R. Balasubramanian, Advocate for the Petitioner in W.P.10335/05 For Respondent in all WPs : Mr.P.S.Raman Additional Advocate General assisted by for Mr.J.Ravindran https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER This order shall govern all the above writ petitions 88 in number. All these writ petitions concentrate on challenging a circular issued by the respondent Corporation whereby an imposition of 2.5% of the total sales made by the retail vendors who are the petitioners herein, from the date of the circular, was made. 2.The Court heard the learned Counsel for the petitioners in all these cases and also the learned Additional Advocate General for the respondent. 3.The short facts necessary for the disposal of these writ petitions can be stated thus: The respondent Corporation is owned by the State Government. It is also controlled and administered by the Government. It has got the retail shops throughout the State for vending Indian Made Foreign Liquor. Originally, tenders were called for whereby 2.5% of the actual sale of the last calendar month was taken as the basis, and it was made as the minimum tender amount. In many of the places, there was response; but, there was no response in the rest of the places. The Government thought it fit to run the shops by permitting the Shop Supervisors to run the same. The petitioners are all actually employed as Supervisors. While they were running the shops so, the Government wanted to implement the original circular dated 17.1.2005, whereby the amount of 2.5% of the total sales was fixed, and it was to be collected from many of the places where the shops are being run by the Supervisors employed in the respective shops. Accordingly, those Supervisors have been making payment. But, these petitioners have challenged the same when the proceedings were initiated for collection of the same finding them responsible for the amounts which remained unpaid according to the respondent. That circular is dated 4.8.2006. Pending the writ petitions, this 2.5%, which, according to the respondent, the petitioners were liable to pay, was reduced to 1.5%. Under the circumstances, these writ petitions have been brought forth challenging the same. 4.Advancing the arguments on behalf of the petitioners, the learned Counsel appearing for them, would submit that in the instant case, out of these 88 writ petitions, 77 are from Erode District; that out of 77 shops, 47 shops have already been closed; that at the time of the original employment, they have made a payment of Rs.50,000/- as security deposit; that they are entitled for the salaries, bonus, medical benefits, etc., except the E.M.D., which has got to be retained in view of their continuance of the employment; that salaries have not been paid in some of the cases; that they are also being proceeded with in the guise of the non- payment of 2.5%; that now, 47 shops were already closed; that the respective petitioners are entitled to get back those amounts referred to above; that as regards the other shops, the respective https://hcservices.ecourts.gov.in/hcservices/ petitioners are willing to close the shops since they are not amenable for making the payment of either 2.5% or 1.5% as fixed by the respondent Corporation, and accordingly, orders have got to be passed. 5.The learned Counsel for the petitioners in W.P.Nos.19232 and 19259 of 2007 would submit that they were terminated from service for the non-payment of the amounts, which, according to the respondent, they were liable to pay; that no charges have been framed; that there was no enquiry at all; that the principles of natural justice have not been followed, and hence, it is a fit case where the removal of service has got to be quashed. 6.The learned Counsel for the petitioners in WP Nos.20185, 20186 and 26385 of 2007, would submit that they were kept under suspension for non-payment of the amounts, which, according to the respondent, they were liable to pay; that the principles of natural justice have not been followed, and hence, the orders of suspension have got to be revoked. 7.The Court heard the learned Additional Advocate General on the above contentions. 8.After hearing the Counsel and looking into the materials available, this Court is of the view that it need not go into the merits or otherwise of the imposition of 2.5% originally made by way of the circular dated 17.1.2005, and subsequently modified as 1.5%, which is being levied and being collected from all the shops which are being run by the Supervisors in the State. It is not in controversy that these petitioners are all Supervisors regularly employed in the shops which are being run, and they have got the security deposit of Rs.50,000/- originally paid. The non-payment of either 2.5% or 1.5% can in no way interfere in their employment. 9.Now, the learned Additional Advocate General would submit that there are cases where they have collected in excess; but, they have not paid even the fixed amount, and under the circumstances, it becomes necessary to make an enquiry, and if they are responsible, they have got to be proceeded with. This Court is of the considered opinion that both the removal of service and the suspension of the respective petitioners in those cases have got to be quashed in view of the violation of the principles of natural justice. Accordingly, they are quashed. The respondent Corporation is at liberty to frame necessary charges thereon, appoint an Enquiry Officer, proceed with the matter after following the principles of natural justice and take a decision thereon. 10.As far as the other shops are concerned namely 77 shops, 47 shops have already been closed. Once they have been closed and possession has been taken over by the respondent Corporation, it is their look out how it is being run in future. As regards those closed shops, no orders are required to be made. As far as the remaining shops out of 77, are concerned, the respective petitioners have also undertaken that they are not amenable to make https://hcservices.ecourts.gov.in/hcservices/ any payment of either 2.5% or 1.5% as fixed by the respondent Corporation. In such circumstances, there cannot be any impediment for recording their statement that they are willing to close those shops. Accordingly, it is recorded. However, the respondent is at liberty to take possession and further proceed in the matter either by tender or otherwise to run those retail shops. 11.It is also made clear that as far as the petitioners are concerned, if any salary or other benefit to which they are entitled to from the time of their being appointed to run the shops, is due, the respondent is directed to make payment of the same to those employees. In a given case if any amount has been paid by the petitioners in respect of fixation of 2.5% or 1.5% in the past, it becomes necessary to permit the respondent to conduct an enquiry over the same and find out the situation. Accordingly, permission is granted. In a given case if the amount is paid and no collection is made, the respondent is directed to repay the same. If it is found that the petitioners have got any profit out of it, they should be directed to make payment to the respondent. 12.It is now brought to the notice of the Court that the petitioners were served with notices for the recovery of the amount, which, according to the respondent, they are liable to pay. In view of the observations made above, there is no necessity to give effect to those notices served upon the petitioners for the alleged recovery. Accordingly, they are quashed. 13.In the result, all the above writ petitions are disposed of in the above lines. No costs. Consequently, connected MPs are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. nsv/ To: 1. THE DISTRICT MANAGER – I TAMIL NADU STATE MARKETING CORPORATION LIMITED M.S.R. COMPLEX, DAYALAN STREET COIMBATORE 641 038. 2. THE SECRETARY TO GOVERNMENT OF TAMILANDU PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, CHENNAI-09 https://hcservices.ecourts.gov.in/hcservices/ 3. THE MANAGING DIRECTOR TASMAC, EGMORE, CHENNAI 4. THE SENIOR REGIONAL MANAGER TASMAC, COIMBATORE 5. THE DISTRICT MANAGER TASMAC, ERODE DISTRICT 6. THE DISTRICT MANAGER AND DEPUTY COLLECTOR, TASMAC, COIMBATORE 7. THE DISTRICT MANAGER AND DEPUTY COLLECTOR TASMAC, ERODE DISTRICT 8. THE DISTRICT MANAGER TASMAC, COIMBATORE DISTICT 2 ccs to Mr.S. Subbiah, SR. 539, 538 1 cc to Mr.P.R. Balasubramanian, SR. 549 83 ccs to Mr.S. Parthasarathy Sr. 406 2 ccs to Government Pleader, Sr. 599, 600 WP Nos.19231 of 2007 etc., batch MRD (CO) kk 22/1 https://hcservices.ecourts.gov.in/hcservices/