1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11766 of 2011 R.Jeganathan ... Petitioner Vs. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Limited, represented by its General Manager, Kumbakonam, Tanjavur District. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to repay the amount of Rs.74,727.25 with interest of 16% per annum to the petitioner by holding that the action of the respondent in recovering the amount from his terminal benefits as towards non-implemented increment cuts was illegal. For Petitioner : M/s.S.Arunachalam For Respondent : Mr.T.R.Janarthanan Additional Govt. Pleader O R D E R The petitioner has come to this Court by filing the present Writ Petition seeking a Writ of Mandamus to direct the Management of Tamil Nadu State Transport Corporation, Kumbakonam Limited to repay an amount of Rs.74,727.25 with interest at the rate of 16% per annum to the petitioner by holding that the action of the respondent in recovering the amount from his terminal benefits as illegal. 2. The learned counsel appearing for the petitioner submits that the petitioner joined the service of the respondent Transport Corporation as a conductor on 26.05.1986. After some time, he was given promotion as a senior conductor and after put in 20 years of his continuous service in the respondent Corporation, reaching the age of superannuation on 31.08.2006, he retired from service. In such circumstances, the grievance of the petitioner is that during the period of his service as a conductor, the respondent Corporation has recovered a sum of Rs.74,727.25, by way of punishment imposed against him, but the petitioner was not able to understand on what basis and under which provision the respondent had decided to recover the said amount, though the petitioner protested against the recovery. As the said recovery made by the respondent was arbitrary, unauthorised and illegal, the petitioner by sending representation dated 28.01.2009, asking the respondent to repay the amount of Rs.74,727.25 finding no response has come to this Court. At the outset, it has been made clear that the petitioner suffered punishment of stoppage of increment, when he was in service as a conductor. It is not known that the punishment of recovery was challenged by the petitioner. Secondly, the affidavit filed in support of the writ https://hcservices.ecourts.gov.in/hcservices/ 2 petition does not mention about the order of recovery made from the petitioner to the tune of Rs.74,727.25. When the said recovery order has not been challenged admittedly by the petitioner till date, the present writ petition cannot be maintained with the inordinate delay of 5 years. Therefore, the prayer sought for to issue a writ of mandamus to direct the respondent to repay the amount at Rs.74,727.25 with interest at the rate of 16% per annum is without any substance. 3. The learned counsel for the petitioner is not able to show on what basis the petitioner is entitled to get back the amount of Rs.74,727.25. In one of the paragraph of the affidavit filed in support of the Writ Petition, it has been mentioned that the above said amount was recovered towards punishment of increment cut, while he was in service. If at all the petitioner was aggrieved by the order of recovery, he should have then and there challenged the correctness of the said recovery order, but it is not known whether the petitioner has challenged the recovery order. Be that as it may, the petitioner has kept quiet for almost 5 years and only after five years, the present Writ Petition seeking issuance of writ of Mandamus, without mentioning any basis for issuing a direction to repay the amount of Rs.74,727.25 cannot be entertained, since it is hopelessly barred by delay. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar To The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam, Tanjavur District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR :37272 Akv SR : 14.11.2011 : 2p/3c W.P.(MD)No.11766 of 2011 13.10.2011 https://hcservices.ecourts.gov.in/hcservices/