IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.09.2009 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.2080 and 2081 of 2009 B.S.Ramamurthy .... Petitioner in W.P.No.2080 of 2009 P.Balakrishnan .... Petitioner in W.P.No.2081 of 2009 Vs 1. The Managing Director, T.N.C.S.C. Ltd, No.12, Thambusamy Road, Kilpauk, Chennai – 600 010. 2. The General Manager (Admin), T.N.C.S.C.Ltd, No.12, Thambusamy Road, Kilpauk, Chennai – 600 010. ....Respondents in W.P.No.2080 of 2009 3. The Chairman and Managing Director, T.N.C.S.C.Ltd., No.12,Thambusamy Road, Kilpauk, Chennai – 600 010. ... Respondent in W.P.No.2081 of 2009 Prayer in W.P.No.2080 of 2009: Writ Petition filed under Article 226 of the Constitution of India for a writ of Certiorarified Mandamus calling for the records relating to the proceeding in Rc.No.AE1/111288/2008, dated 30.12.2008, of the General Manager (Admin), T.N.C.S.C.Ltd., No.12, Thambhusamy Road, Kilpauk, Chennai – 600 010, the 2nd Respondent herein and quash the same and to direct the 1st Respondent to release the with held Gratuity amount due to the petitioner, as was done in the case of the similarly placed persons, within the time frame by this Hon'ble High Court. Prayer in W.P.No.2081 of 2009: Writ Petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing the Chairman and Managing Director, T.N.C.S.C.Ltd., No.12, Thambusamy Road, Kilpauk, Chennai – 600 010, the respondent herein, to dispose https://hcservices.ecourts.gov.in/hcservices/ of the Representation of the petitioner dated 30.11.2008, seeking to release the with held Gratuity Amount as was done in the case of the similarly placed persons, within the time frame by this Hon'ble High Court. For Petitioner : Mr.R.Muthukkannu For Respondents : V.Selvanayagam (TNCSC) COMMON ORDER In view of the fact that the facts involved in both the writ petitions are award and the same and also in view of the respondents are same. They have been taken up together for disposal. The petitioners in both the writ petitions were working as Manager with the respondent. While they were working as a Regional Manager in Dindigul Region, they have made payment for transport charges to the contractors.The petitioner in W.P.No.2080 of 2009 retired on 31.10.2005 and the petitioner in W.P.No.2081 is retired on 30.06.03 respectively. 2. However, based upon the audit objection, an order was passed by the respondents to withheld the amount which is differential amount between the transport charges paid by the petitioners to the contractors of the Dindigul Region while they were working as Regional Manager and the actual amount to be paid to those contractors. It is not in dispute that the actual amount to be paid to the contractors has not been finalised issue and the said issue is pending in construction with the Government. 3. Therefore, the petitioners has filed the present writ petitions seeking to set-aside the order passed by the respondents withhelding the said payment and also for a mandamus directing the respondents to release the payment. 4. The specific case of the petitioners is that they are not at fault, since as per the directions of the respondent, the said payment has been made and in any case, the issue is in pending consideration with the Government and therefore it cannot be construed that the petitioner were at fault in making payment which is said to be excess as per the objection made in the audit. It is not disputed that the recovery sought to be made is in the course of discharge of the duty while the petitioners were working as Regional Manager at Dindigul Region. It is also not in dispute that the actual amount due to the contractors has not been finalised till now. The matter is a pending consideration with the Government. Therefore, the petitioners cannot be found fault with that, making the payment due to the contractors. https://hcservices.ecourts.gov.in/hcservices/ 5. In an identical issue, another Regional Manager by name Mr. K.Nagalingam who work in the Dindigul Region filed the writ petition No.10804 of 2005 challenging the action of the respondents in withhelding the payment due to him on the ground of alleged excess payment made to the contractors as transport charges. The Honourable High Court intend on 20.02.2008, allowed the writ petition as paid for. It is not a dispute with the said judgment of learned single judge has become final. The same is also been implemented by the respondents. The relevant portion of the same is extracted here. "Admittedly, the petitioner was allowed to retire from service on 25.04.2003. As admitted in the counter, as on the date of retirement of the petitioner, as per Tamil Nadu Civil Supplies Corporation Employees Service Regulation, 1989, there was no provision for initiating any disciplinary proceeding . Such a provision was introduced in the regulation only with effect from 06.01.2006. In view of the same, no disciplinary proceeding was initiated against the petitioner. Now, after 2006, whether any disciplinary proceeding could be initiated or not is a question for discussion, which I do not want to enter into. The fact remains that the petitioner has been suffering for about five years without getting any terminal benefits payable to him. The absence of provision, for initiation of disciplinary proceedings against the petitioner as on the date of retirement, cannot be a ground at all to deny him terminal benefits expecting a suitable amendment to be brought in the Tamil Nadu Civil Supplies Corporation Employees Service Regulation, 1989. Therefore, non-payment of terminal benefits for five years to the petitioner, in my considered opinion, is only unreasonable, but also arbitrary." 6.Hence, considering the above said factual and legal position this court is of the opinion that the writ petitions filed by the petitioners are liable to be allowed. Accordingly the writ petitions are allowed and the respondents are directed to pay all the terminal benefits payable to the petitioners within a period of three months from the date of receipt of the copy of the order.No costs. Sd/- Asst. Registrar /True Copy/ Sub Asst.Registrar gv https://hcservices.ecourts.gov.in/hcservices/ To 1. The Managing Director, T.N.C.S.C. Ltd, No.12, Thambusamy Road, Kilpauk, Chennai – 600 010. 2. The General Manager (Admin), T.N.C.S.C.Ltd, No.12, Thambusamy Road, Kilpauk, Chennai – 600 010. 3. The Chairman and Managing Director, T.N.C.S.C.Ltd., No.12,Thambusamy Road, Kilpauk, Chennai – 600 010. + 1 cc to Mr.V.SELVANAAYAGAM, Advocate, SR 46595 + 2 cc to Mr.R.Muthukkannu, Advocate SR 45957 W.P.No.2080 and 2081 of 2009 KM (CO) RH (9.10.09) https://hcservices.ecourts.gov.in/hcservices/