High Court · 2008

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 3-1-2008CORAMTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAMW.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 2006andMP Nos.1 and 2, 1 and 2 of 2007 and 2 and 2, 2 to 2, 2 to 2, 2 to2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2 and 2, 2, 2, 2, 2and 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 of2006 N.Jayaprakash.. Petitioner in WP 19231/2007, 19232/07C. Aruldass.. Petitioner in W.P.19258/07, 19259/07T. Balamurugan.. Petitioner in W.P.No.46190/06N. Arunagiri.. Petitioner in W.P.No.46191/06P. Murugan.. Petitioner in W.P.No.46192/06P. Manickam.. Petitioner in W.P.No.46193/06Manivel.. Petitioner in W.P.No.46194/06M. Chandran.. Petitioner in W.P.No.46195/06R. Chandrasekaran.. Petitioner in W.P.No.46196/06M. Matheswaran.. Petitioner in W.P.No.47690/06P. Krishnan.. Petitioner in W.P.No.47691/06C. Udhayakumar.. Petitioner in W.P.No.47692/06M. Gunasekar.. Petitioner in W.P.No.46602/06A. Jeevanantham.. Petitioner in W.P.No.46603/06P. Karuppusamy.. Petitioner in W.P.No.46604/06M. Ravikumar.. Petitioner in W.P.No.46605/06N. Gurusamy.. Petitioner in W.P.No.46543/06V.K. Arumugam.. Petitioner in W.P.No.46544/06P. Palanisamy.. Petitioner in W.P.No.46545/06N. Bharathan.. Petitioner in W.P.No.46546/06K. Lakshmipathy.. Petitioner in W.P.No.46547/06N. Arjunan.. Petitioner in W.P.No.46502/06R. Venkatachalam.. Petitioner in W.P.No.46503/06A. Kumar.. Petitioner in W.P.No.46504/06P. Krishnaswamy.. Petitioner in W.P.No.46505/06R. Sivasubramani.. Petitioner in W.P.No.46506/06C.P. Shivakumar.. Petitioner in W.P.No.46417/06S. Palanivel.. Petitioner in W.P.No.46418/06A. Sathasivam.. Petitioner in W.P.No.46419/06P. Prakash.. Petitioner in W.P.No.46420/06M. Sathish.. Petitioner in W.P.No.46421/06M.Shivakumar.. Petitioner in W.P.No.46306/06 https://hcservices.ecourts.gov.in/hcservices/ R. Saravanan.. Petitioner in W.P.No.46307/06R. Palanisamy.. Petitioner in W.P.No.46308/06K. Ravikumar.. Petitioner in W.P.No.46309/06R. Nandakumar.. Petitioner in W.P.No.46310/06A. Kuppusamy.. Petitioner in W.P.No.47473/06V. Selvam.. Petitioner in W.P.No.47474/06E. Vasanthan.. Petitioner in W.P.No.47475/06P. Venkatesan.. Petitioner in W.P.No.47476/06M. Velumani.. Petitioner in W.P.No.47477/06K. Shanmugham.. Petitioner in W.P.No.47759/06R. Kumaran.. Petitioner in W.P.No.47760/06K. Kumar.. Petitioner in W.P.No.47761/06T. Bhoopathy .. Petitioner in W.P.No.47762/06D. Muthusamy.. Petitioner in W.P.No.47763/06Duraisamy.. Petitioner in W.P.No.47543/06S. Mohankumar.. Petitioner in W.P.No.47544/06D. Raghu.. Petitioner in W.P.No.47545/06R. Samuvel.. Petitioner in W.P.No.47546/06T.M. Jaganadhan.. Petitioner in W.P.No.47547/06N. Durairaj.. Petitioner in W.P.No.47679/06Kumar Vadivel.. Petitioner in W.P.No.47680/06P. Natarajan.. Petitioner in W.P.No.47681/06N. Thanikachalam.. Petitioner in W.P.No.47682/06M. Senthilkumar.. Petitioner in W.P.No.47683/06N. Mohanarangan.. Petitioner in W.P.No.16050/07P. Thiagarajan.. Petitioner in W.P.No.16051/07S. Jaganathan.. Petitioner in W.P.No.16052/07R. Arumugam.. Petitioner in W.P.No.16053/07D. Selvam.. Petitioner in W.P.No.16054/07S. Shivakumar.. Petitioner in W.P.No.16063/07A. Brahmamurthy.. Petitioner in W.P.No.16064/07N. Saravanan.. Petitioner in W.P.No.16065/07N. Rajan.. Petitioner in W.P.No.16066/07K. Sathishkumar.. Petitioner in W.P.No.16067/07R. Thirumurugan.. Petitioner in W.P.No.20185/07R. Palanisamy.. Petitioner in W.P.No.20186/07G. Venkatachalam.. Petitioner in W.P.No.10335/07S. Shanmugasundaram.. Petitioner in W.P.No.4226/07G. Selvakumar.. Petitioner in W.P.No.4227/07A.K. Sanjeevanathan.. Petitioner in W.P.No.21286/07T. Gunasekaran.. Petitioner in W.P.No.21287/07R. Rajagopal.. Petitioner in W.P.No.21288/07M.N. Kuppusamy.. Petitioner in W.P.No.21289/07N.S. Sundaramurthy.. Petitioner in W.P.No.21290/07M. Ashokkumar.. Petitioner in W.P.No.26392/07Karthik Prabhu.. Petitioner in W.P.No.26393/07V.K. Manisekaran.. Petitioner in W.P.No.26394/07K.P. SenthilKumar.. Petitioner in W.P.No.26385/07R. Nallasivam.. Petitioner in W.P.No.47710/07M. Sekar.. Petitioner in W.P.No.47711/07C. Palanisamy.. Petitioner in W.P.No.47712/07P. Kannan.. Petitioner in W.P.No.47713/07M. Shakthivel.. Petitioner in W.P.No.47714/07V. Shanmugham.. Petitioner in W.P.No.47715/07 https://hcservices.ecourts.gov.in/hcservices/ vsTHE DISTRICT MANAGER – ITAMIL NADU STATE MARKETING CORPORATION LIMITEDM.S.R. COMPLEX, DAYALAN STREETCOIMBATORE 641 038... RESPONDENT IN, WP.Nos. 19231/2007, 19232,19258, 19259/071. THE GOVERNMENT OF TAMILNADU REP. BY ITS SECRETARY, PROHIBITION AND EXCISE DEPARTMENT,FORT ST. GEORGE, CHENNAI-092 THE MANAGING DIRECTOR, TASMAC, EGMORE, CHENNAI 3 THE SENIOR REGIONAL MANAGER TASMAC, COIMBATORE4. THE DISTRICT MANAGER TASMAC, ERODE DISTRICT... RESPONDENTS IN W.P.46190 TO 46196/06, 47690 TO 47692/06,46602 TO 46605/06, 46543 TO46547/06, 46502 TO 46506/06,46417 TO 46421/06, 46306 TO46310/06, 47473 TO 47477/06,47759 TO 47763/06, 47543 TO47547/06, 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-092 THE MANAGING DIRECTOR TASMAC, EGMORE, CHENNAI3 THE SENIOR REGIONAL MANAGER TASMAC, COIMBATORE... RESPONDENTS 1 TO 3 IN W.P.NOS. 16050 TO 16054/07, 16063 TO16067/07,20185, 20186/07,10335/07,4226/07, 4227/07, 21286 TO21290/07, 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 ANDDEPUTY COLLECTOR TASMAC,ERODE DISTRICT... 4TH RESPONDENT IN W.P.20185, 20186/07, 21286 TO 21290/07, 26392 TO 26394/07, 26385/07THE DISTRICT MANAGERTASMAC, COIMBATORE DISTICT... 4TH RESPONDENT IN W.P.10335/07WP 19231/2007 filed under Article 226 of the Constitution ofIndia praying for a writ of certiorarified mandamus to call for therecords relating to the proceedings in Memorandum inNa.Ka.No.1129/05/R.V.3 dated 4.8.2006 and the consequential demandunder the Memo dated 3.4.2007 on th file of the respondent hereininsofar as the petitioner is concerned and to quash the same and todirect the respondent to restore all those monetary benefitsincluding the incentive bonus to the petitioner withheld by therespondent within a time frame. 2. To issue a writ of certiorarified Mandamus Calling forthe records relating to the proceedings in memorandum inNa.Ka.No.1151/R.V.1 dt 24.4.2007 and to quash the same and directthe respondent to restore the petitioner in the services, with allthe 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 therecords relating to the proceedings in memorandum in Rc No.1129/05/R.V. 3 dated 4.8.2006 and the consequential demand underthe Memo RC.NO.1129/06 RV 8 dated 3.4.2007 on the file of therespondent herein, in so far as the petitioner is concerned and toquash the same and to direct the respondent to restore all thosemonetary benefits including the incentive bonus to the petitionerwith held by the respondent within a time frame and may be fixed bythe Honourable Court (W.P.No.19258/07)4. to issue a writ of certiorari calling for the recordsrelating to the order passed by the 4th respondent inNa.Ka.No.532/2005/R2 dated 7.10.2006 and quash the same so far asthe petitioner in concerned (W.P.No.46190 to 46196/06, 47690 to47692/06, 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 to47763/06, 47543 to 47547/06, 47679 to 47683/06, 47710 to 47715/06. 5. to issue a writ of certiorari calling for the records relatingto the order passed by the 4th respondent in Na.Ka.No.1129/05/RV8,dated 04/08/2006 and consequential order recovery notice dated11/04/2007 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 tothe 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 relatingto 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 recordsrelating to the order passed by the 4th respondent inNa.ka.No.1129/05/RV8 dt 4.8.2006 and consequential order ofrecovery dated 11.12.2006 passed in Na.ka.No.1129/06/RV8 and quashthe same (W.P.426, 4227/07)to issue a writ of certiorari calling for the records relatingto the order passed by the 3rd respondent in Na.Ka.No.1129/05/Rv8dated 4.8.2006 and consequential order recovery notice dated11.4.2007 passed in Na.Ka.No.532/2005/R2 by the 4th respondent andquash the same (W.P.26392 to 26394/07)For Petitioner: Mr.S.Subbiah in WP 19231/2007, 19232, 19258, 19259/07Mr.S. Parthasarathy, Advocate for the Petitioner in W.P.No.46190 to 46196/06 47690 to47692/06, 46602 to 46605/06, 46543 to46547/06, 46502 to 46506/06 46417 to46421/06, 46306 to 46310/06, 47473 to47477/06, 47759 to 47763/06, 47543 to47547/06, and 47679 to 47683 of 2006,16050 to 16054/07, 16063 to 16067/07,20185 and 20186/07, 4226, 4227/07 21286to 21290/07, 26392 to 26394/07, and 26385of 2007 and 47710 to 47715 of 2006 Mr.P.R. Balasubramanian, Advocate for the Petitioner in W.P.10335/05For Respondent inall WPs: Mr.P.S.Raman Additional AdvocateGeneral assisted by for Mr.J.Ravindran https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDERThis order shall govern all the above writ petitions 88 innumber. All these writ petitions concentrate on challenging acircular issued by the respondent Corporation whereby an impositionof 2.5% of the total sales made by the retail vendors who are thepetitioners herein, from the date of the circular, was made.2.The Court heard the learned Counsel for the petitioners inall these cases and also the learned Additional Advocate Generalfor the respondent.3.The short facts necessary for the disposal of these writpetitions can be stated thus:The respondent Corporation is owned by the State Government.It is also controlled and administered by the Government. It hasgot the retail shops throughout the State for vending Indian MadeForeign Liquor. Originally, tenders were called for whereby 2.5%of the actual sale of the last calendar month was taken as thebasis, and it was made as the minimum tender amount. In many ofthe places, there was response; but, there was no response in therest of the places. The Government thought it fit to run the shopsby permitting the Shop Supervisors to run the same. Thepetitioners are all actually employed as Supervisors. While theywere running the shops so, the Government wanted to implement theoriginal circular dated 17.1.2005, whereby the amount of 2.5% ofthe total sales was fixed, and it was to be collected from many ofthe places where the shops are being run by the Supervisorsemployed in the respective shops. Accordingly, those Supervisorshave been making payment. But, these petitioners have challengedthe same when the proceedings were initiated for collection of thesame finding them responsible for the amounts which remained unpaidaccording to the respondent. That circular is dated 4.8.2006.Pending the writ petitions, this 2.5%, which, according to therespondent, the petitioners were liable to pay, was reduced to1.5%. Under the circumstances, these writ petitions have beenbrought forth challenging the same.4.Advancing the arguments on behalf of the petitioners, thelearned Counsel appearing for them, would submit that in theinstant case, out of these 88 writ petitions, 77 are from ErodeDistrict; that out of 77 shops, 47 shops have already been closed;that at the time of the original employment, they have made apayment of Rs.50,000/- as security deposit; that they are entitledfor the salaries, bonus, medical benefits, etc., except the E.M.D.,which has got to be retained in view of their continuance of theemployment; 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 therespective petitioners are entitled to get back those amountsreferred 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 notamenable for making the payment of either 2.5% or 1.5% as fixed bythe respondent Corporation, and accordingly, orders have got to bepassed.5.The learned Counsel for the petitioners in W.P.Nos.19232 and19259 of 2007 would submit that they were terminated from servicefor the non-payment of the amounts, which, according to therespondent, they were liable to pay; that no charges have beenframed; that there was no enquiry at all; that the principles ofnatural justice have not been followed, and hence, it is a fit casewhere 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 undersuspension for non-payment of the amounts, which, according to therespondent, they were liable to pay; that the principles of naturaljustice have not been followed, and hence, the orders of suspensionhave got to be revoked. 7.The Court heard the learned Additional Advocate General onthe above contentions.8.After hearing the Counsel and looking into the materialsavailable, this Court is of the view that it need not go into themerits or otherwise of the imposition of 2.5% originally made byway of the circular dated 17.1.2005, and subsequently modified as1.5%, which is being levied and being collected from all the shopswhich are being run by the Supervisors in the State. It is not incontroversy that these petitioners are all Supervisors regularlyemployed in the shops which are being run, and they have got thesecurity deposit of Rs.50,000/- originally paid. The non-paymentof either 2.5% or 1.5% can in no way interfere in their employment.9.Now, the learned Additional Advocate General would submitthat there are cases where they have collected in excess; but, theyhave not paid even the fixed amount, and under the circumstances,it becomes necessary to make an enquiry, and if they areresponsible, they have got to be proceeded with. This Court is ofthe considered opinion that both the removal of service and thesuspension of the respective petitioners in those cases have got tobe quashed in view of the violation of the principles of naturaljustice. Accordingly, they are quashed. The respondentCorporation is at liberty to frame necessary charges thereon,appoint an Enquiry Officer, proceed with the matter after followingthe principles of natural justice and take a decision thereon.10.As far as the other shops are concerned namely 77 shops, 47shops have already been closed. Once they have been closed andpossession has been taken over by the respondent Corporation, it istheir look out how it is being run in future. As regards thoseclosed shops, no orders are required to be made. As far as theremaining shops out of 77, are concerned, the respectivepetitioners 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 respondentCorporation. In such circumstances, there cannot be any impedimentfor recording their statement that they are willing to close thoseshops. Accordingly, it is recorded. However, the respondent is atliberty to take possession and further proceed in the matter eitherby tender or otherwise to run those retail shops. 11.It is also made clear that as far as the petitioners areconcerned, if any salary or other benefit to which they areentitled to from the time of their being appointed to run theshops, is due, the respondent is directed to make payment of thesame to those employees. In a given case if any amount has beenpaid by the petitioners in respect of fixation of 2.5% or 1.5% inthe past, it becomes necessary to permit the respondent to conductan enquiry over the same and find out the situation. Accordingly,permission is granted. In a given case if the amount is paid andno collection is made, the respondent is directed to repay thesame. If it is found that the petitioners have got any profit outof it, they should be directed to make payment to the respondent. 12.It is now brought to the notice of the Court that thepetitioners were served with notices for the recovery of theamount, which, according to the respondent, they are liable to pay.In view of the observations made above, there is no necessity togive effect to those notices served upon the petitioners for thealleged recovery. Accordingly, they are quashed.13.In the result, all the above writ petitions are disposedof in the above lines. No costs. Consequently, connected MPs areclosed.Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.nsv/To:1. THE DISTRICT MANAGER – ITAMIL NADU STATE MARKETING CORPORATION LIMITEDM.S.R. COMPLEX,DAYALAN STREETCOIMBATORE 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, COIMBATORE5. THE DISTRICT MANAGER TASMAC, ERODE DISTRICT6. THE DISTRICT MANAGER AND DEPUTY COLLECTOR, TASMAC, COIMBATORE7. THE DISTRICT MANAGER ANDDEPUTY COLLECTOR TASMAC, ERODE DISTRICT8. THE DISTRICT MANAGERTASMAC, COIMBATORE DISTICT2 ccs to Mr.S. Subbiah, SR. 539, 5381 cc to Mr.P.R. Balasubramanian, SR. 54983 ccs to Mr.S. Parthasarathy Sr. 4062 ccs to Government Pleader, Sr. 599, 600WP Nos.19231 of 2007 etc., batchMRD (CO)kk 22/1