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[Cites 18, Cited by 0]

Madras High Court

A.R.R.Bapuji vs The Government Of Tamil Nadu on 28 August, 2024

                                                                     W.P.(MD)No.10564/2024, batch

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          RESERVED ON          : 31.07.2024
                                        PRONOUNCED ON          : 28.08.2024

                                                     CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                      W.P.(MD)Nos.10564 & 11003 of 2024, 10302, 22575 to 22578 of 2023
                                                    and
                      WMP(MD)Nos.9490, 9492, 9795, 9796 of 2024, 9154, 18818, 18819,
                        18821,18822, 18823, 18824, 18826, 18827, 20534, 24966, 24934,
                                       25133, 25132 and 24931 of 2023


                     WP(MD)No.10564 of 2024:

                     1. A.R.R.Bapuji

                     2. Kamesh Kannan

                     3. T.Renuga Devi

                     4. T.Rajesh

                     5. Vijayabaskar Kandeepan

                     6. K.Selvam

                     7. Rajmohan Paramasivam                                     ... Petitioners

                                                        Vs
                     1. The Government of Tamil Nadu,
                     Represented by its Principal Secretary,
                     Finance Department,
                     Fort St. George, Chennai-600 009.


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                                                                   W.P.(MD)No.10564/2024, batch

                     2. The Principal Secretary/Commissioner of Treasuries and Accounts,
                     3rd Floor, Integrated Office Complex for Finance Department,
                     Veterinary Hospital Campus,
                     Annasalai Nandanam,
                     Chennai-35.

                     3. The Special Secretary,
                     Government of Tamil Nadu,
                     Finance Department,
                     Secretariat,
                     Fort St. George,
                     Chennai.

                     4. The Director,
                     Directorate of Animal Husbandry and Veterinary Services,
                     571, Anna Road,
                     Nandanam, Chennai-35.

                     5. The Chief Accounts Officer,
                     O/o.Commissionerate of Treasuries and Accounts,
                     CPC Cell, Government Data Centre,
                     Perasiriyar K.Anbazhagan
                     Maaligai, Nandanam,
                     Chennai-35.

                     6. The Deputy Director,
                     District Treasury,
                     Theni District.

                     7. The District Collector,
                     Theni District,
                     Theni.

                     8. The Assistant Director,
                     Department of Animal Husbandry and Veterinary Services,
                     Uthamapalayam Sub Division-Chinnamanur,
                     Theni District.


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                                                                       W.P.(MD)No.10564/2024, batch

                     9. Assistant Director,
                     Animal Husbandry,
                     Thirumangalam Division,
                     Madurai District.                                      ... Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus calling for the entire
                     record pertaining to the impugned order passed by the 3rd respondent in
                     No.42789/Nithi (Oo.Ku.Thee) Thurai/2021 dated 24.12.2021 and quash
                     the same as illegal and consequently direct the respondents to pay the
                     employer's subscription contribution along with the interest fixed by the
                     Government periodically as per G.O.No.430 dated 06.08.2004 to the
                     petitioner within the time stipulated by this Court.
                                  For Petitioner      : Mr.S.M.Ramasiva

                                  For Respondents : Mr.Veerakathiravan
                                                   Additional Advocate General
                                                  assisted by Mr.J.Ashok,
                                                  Additional Government Pleader

                     WP(MD)No.11003 of 2024:
                     S.Prabhakar                                                .. Petitioner

                                                         Vs.

                     1. The Government of Tamil Nadu,
                     Represented by its Principal Secretary,
                     Finance Department,
                     Fort St. George,
                     Chennai-600 009.




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                                                                   W.P.(MD)No.10564/2024, batch

                     2. The Principal Secretary/Commissioner of Treasuries and Accounts,
                     3rd Floor, Integrated Office Complex for Finance Department,
                     Veterinary Hospital Campus,
                     Annasalai Nandanam,
                     Chennai-35.

                     3. The Special Secretary,
                     Government of Tamil Nadu,
                     Finance Department,
                     Secretariat,
                     Fort St. George,
                     Chennai.

                     4. The Director,
                     Directorate of Animal Husbandry and Veterinary Services,
                     571, Anna Road,
                     Nandanam, Chennai-35.

                     5. The Chief Accounts Officer,
                     O/o.Commissionerate of Treasuries and Accounts,
                     CPC Cell, Government Data Centre,
                     Perasiriyar K.Anbazhagan
                     Maaligai, Nandanam,
                     Chennai-35.

                     6. The Deputy Director,
                     District Treasury,
                     Theni District.

                     7. The District Collector,
                     Theni District,
                     Theni.

                     8. The Assistant Director,
                     Department of Animal Husbandry and Veterinary Services,
                     Uthamapalayam Sub Division-Chinnamanur,
                     Theni District.                                      .. Respondents


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                                                                       W.P.(MD)No.10564/2024, batch

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus calling for the entire
                     records pertaining to the impugned order passed by the 3rd respondent in
                     No.42789/Nithi (Oo.Ku.Thee) Thurai/2021 dated 24.12.2021 and quash
                     the same as illegal and consequently direct the respondents to pay the
                     employer's subscription contribution along with the interest fixed by the
                     Government periodically as per G.O.No.430 dated 06.08.2004 to the
                     petitioner within the time stipulated by this Court.
                                  For Petitioner      : Mr.S.M.Ramasiva


                                  For Respondents : Mr.Veerakathiravan
                                                   Additional Advocate General
                                                  assisted by Mr.J.Ashok,
                                                  Additional Government Pleader

                     WP(MD)No.10302 of 2023:
                     K.Manivannan                                               .. Petitioner

                                                         Vs.
                     1. The Additional Director,
                     Veterinary and Animal Husbandry,
                     No.571, Annasalai,
                     Nandanam, Chennai-35.

                     2. The Director,
                     The Government Data Centre,
                     Kotturpuram,
                     Chennai.

                     3. The Assistant Director of Veterinary and Animal Husbandry,
                     Opposite to Library,
                     Kavery Nagar,
                     Kulithalai,

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                                                                      W.P.(MD)No.10564/2024, batch

                     Karur- 639 104.

                     4.Treasuries and Accounts Department,
                     District Treasury,
                     Collector Office,
                     Karur District.                                           .. Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus directing the respondents herein
                     not to recover the Government contribution to the petitioner's CPS
                     Account No.7202007 and with a consequential direction directing the
                     respondents to disburse the entire accumulated amount in the petitioner's
                     CPS Account No.7202007 as final settlement within the time frame fixed
                     by this Court.
                                  For Petitioner     : Mr.Porkodi Karnan
                                                     for M/s.Polax Legal Solutions


                                  For Respondents : Mr.Veerakathiravan
                                                   Additional Advocate General
                                                   assisted by Mr.J.Ashok,
                                                   Additional Government Pleader


                     WP(MD)No.22575 of 2023:

                     K.Jayaraju                                                .. Petitioner

                                                        Vs.
                     1. The Director,
                     Veterinary and Animal Husbandry,
                     No.571, Annasalai,
                     Nandanam, Chennai-35.


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                                                                      W.P.(MD)No.10564/2024, batch

                     2. The Director,
                     The Government Data Centre,
                     Kotturpuramm,
                     Chennai.

                     3.The Regional Joint Director,
                     Veterinary and Animal Husbandry Department,
                     Karur.

                     4. The Assistant Director,
                     Veterinary and Animal Husbandry Department,
                     Opposite to Library,
                     Kavery Nagar,
                     Kulithalai,
                     Karur- 639 104.

                     5.The Assistant Treasury Officer,
                     Sub Treasury Office,
                     Taluk Office Campus, Kulithalai,
                     Karur District-639 104.                                   .. Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus calling for the
                     records pertaining to the impugned order of the 1st respondent in
                     Na.Ka.No.33409/GG2/2023 dated 06.08.2023 and the impugned order of
                     the 4th respondent in Na.Ka.No.413/A/2023 dated 04.08.2023 and quash
                     the same with a consequential direction directing the respondents herein
                     not to recover the Government contribution to the petitioner's CPS
                     Account No.7201989/VETY and to disburse the entire accumulated
                     amount in the petitioner's CPS Account No.7201989/VETY as final
                     settlement within the time frame fixed by this Court.



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                                                                    W.P.(MD)No.10564/2024, batch

                                  For Petitioner    : Mr.Porkodi Karnan
                                                      for M/s.Polax Legal Solutions

                                  For Respondents : Mr.Mr.Veerakathiravan
                                                    Additional Advocate General
                                                    assisted by Mr.J.Ashok,
                                                    Additional Government Pleader

                     WP(MD)No.22576 of 2023:
                     K.Umaiyall                                             .. Petitioner
                                                     Vs.
                     1. The Director,
                     Veterinary and Animal Husbandry,
                     No.571, Annasalai,
                     Nandanam, Chennai-35.

                     2. The Director,
                     The Government Data Centre,
                     Kotturpuram,
                     Chennai.

                     3.The Regional Joint Director,
                     Veterinary and Animal Husbandry Department,
                     Karur.

                     4. The Assistant Director,
                     Veterinary and Animal Husbandry Department,
                     Opposite to Library,
                     Kavery Nagar,
                     Kulithalai,
                     Karur- 639 104.

                     5.The Assistant Treasury Officer,
                     Sub Treasury Office,
                     Taluk Office Campus, Kulithalai,
                     Karur District-639 104.                                 .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India

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                                                                      W.P.(MD)No.10564/2024, batch

                     praying to issue a Writ of Certiorarified Mandamus calling for the
                     records pertaining to the impugned order of the 1st respondent in
                     Na.Ka.No.32698/GG2/2023 dated 12.08.2023 and the impugned order of
                     the 4th respondent in Na.Ka.No.413/A/2023 dated 21.08.2023 and quash
                     the same with a consequential direction directing the respondents herein
                     not to recover the Government contribution to the petitioner's CPS
                     Account No.7223263/VETY and to disburse the entire accumulated
                     amount in the petitioner's CPS Account No.7223263/VETY as final
                     settlement within the time frame fixed by this Court.


                                  For Petitioner     : Mr.Porkodi Karnan
                                                       for M/s.Polax Legal Solutions

                                  For Respondents : Mr.Mr.Veerakathiravan
                                                    Additional Advocate General
                                                    assisted by Mr.J.Ashok,
                                                    Additional Government Pleader

                     WP(MD)No.22577 of 2023:
                     P.Jegadeesan                                             .. Petitioner
                                                        Vs.
                     1. The Director,
                     Veterinary and Animal Husbandry,
                     No.571, Annasalai,
                     Nandanam, Chennai-35.

                     2. The Director,
                     The Government Data Centre,
                     Kotturpuram,
                     Chennai.

                     3.The Regional Joint Director,
                     Veterinary and Animal Husbandry Department,

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                                                                     W.P.(MD)No.10564/2024, batch

                     Karur.

                     4. The Assistant Director,
                     Veterinary and Animal Husbandry Department,
                     Opposite to Library,
                     Kavery Nagar,
                     Kulithalai,
                     Karur- 639 104.

                     5.The Assistant Treasury Officer,
                     Sub Treasury Office,
                     Taluk Office Campus, Kulithalai,
                     Karur District-639 104.                                  .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of     Certiorarified Mandamus calling for the
                     records pertaining to the impugned order of the 1st respondent in
                     Na.Ka.No.30834/GG2/2023 dated 25.07.2023 and quash the same with a
                     consequential direction directing the respondents herein not to recover
                     the Government contribution to the petitioner's CPS Account No.
                     7202013/VETY and to disburse the entire accumulated amount in the
                     petitioner's CPS Account No.7202013/VETY as final settlement within
                     the time frame fixed by this Court.


                                  For Petitioner     : Mr.Porkodi Karnan
                                                       for M/s.Polax Legal Solutions

                                 For Respondents : Mr.Mr.Veerakathiravan
                                                   Additional Advocate General
                                                   assisted by Mr.J.Ashok,
                                                   Additional Government Pleader
                     WP(MD)No.22578 of 2023:
                     J.Amirthalingam                                      .. Petitioner

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                                                                    W.P.(MD)No.10564/2024, batch

                                                         Vs.
                     1. The Director,
                     Veterinary and Animal Husbandry,
                     No.571, Annasalai,
                     Nandanam, Chennai-35.

                     2. The Director,
                     The Government Data Centre,
                     Kotturpuram,
                     Chennai.

                     3.The Regional Joint Director,
                     Veterinary and Animal Husbandry Department,
                     Karur.

                     4. The Assistant Director,
                     Veterinary and Animal Husbandry Department,
                     Opposite to Library,
                     Kavery Nagar,
                     Kulithalai,
                     Karur- 639 104.

                     5.The Assistant Treasury Officer,
                     Sub Treasury Office,
                     Taluk Office Campus, Kulithalai,
                     Karur District-639 104.                                 .. Respondents

                     Prayer: Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus calling for the
                     records pertaining to the impugned order of the 1st respondent in
                     Na.Ka.No.32699/GG2/2023 dated 06.08.2023 and the impugned order of
                     the 4th respondent in Na.Ka.No.413/A/2023 dated 21.08.2023 and quash
                     the same with a consequential direction directing the respondents herein
                     not to recover the Government contribution to the petitioner's CPS


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                                                                         W.P.(MD)No.10564/2024, batch

                     Account No.7223261/VETY and to disburse the entire accumulated
                     amount in the petitioner's CPS Account No.7223261/VETY as final
                     settlement within the time frame fixed by this Court.


                                       For Petitioner    : Mr.Porkodi Karnan
                                                           for M/s.Polax Legal Solutions

                                       For Respondents : Mr.Mr.Veerakathiravan
                                                         Additional Advocate General
                                                         assisted by Mr.J.Ashok,
                                                         Additional Government Pleader


                                                   COMMON ORDER

Heard Mr.S.M.Ramasiva, learned counsel for the petitioners in WP(MD)Nos.10564 of 2024 & 11003 of 2024, Mr.K.PorkodiKarnan, learned counsel for the petitioners in WP(MD)Nos.10302, 22575 to 22578 of 2023 and Mr.Veerakathiravan, learned Additional Advocate General, assisted by Mr.J.Ashok, learned Additional Government Pleader for the respondents in all the writ petitions.

2. The petitioners filed these writ petitions challenging the impugned orders dated 24.12.2021, 06.08.2023, 04.08.2023, 12.08.2023, 21.08.2023 & 25.07.2023 respectively through which deduction of contribution of the petitioners as well as the respondents towards CPS 12/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch (Contributory Pension Scheme) was stopped and the petitioners contributions alone was refunded and for a consequential direction to the respondents to pay the employer's contribution along with the interest fixed by the Government periodically as per G.O.No.430, dated 06.08.2004.

3. The simple claim of the petitioners is that even though the petitioners were appointed under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules, as temporary employees, they have been assigned with CPS numbers and contributions have been made by both the petitioners and the respondents for several years. All of a sudden, proceedings have been issued to stop making contribution through CPS scheme from both the petitioners as well as the respondents and while passing the said proceedings, refund has been made only to the tune of the petitioners' contribution and not the respondents’ contribution made by mistake. The grievance of the petitioners is that even while returning the amount so far contributed, the respondents had allowed only the petitioners' contribution and not the respondents contribution.

4. The learned counsel for the petitioners submitted that for 13/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch similarly placed persons while closing their accounts, the contribution made by both the petitioners as well as the respondents were refunded, but the petitioners were discriminated. In support of the petitioners' claim, they have placed the Payment Disbursement Orders made in respect of the certain individuals, whom according to the petitioners are temporary employees, as similar as that of the petitioners.

5. The learned Additional Advocate General, who had argued on behalf of the respondent Government has submitted that even though the temporary employees are not entitled to be brought under Contributory Pension Scheme, by mistake, CPS numbers have been assigned to them and once the mistake is found out, the same got rectified. So, it is submitted that in all fairness, the petitioners are entitled to get their share of contribution and not the contribution made by the Government. It is further submitted by the learned Additional Advocate General that there cannot be any equality for claiming any mistaken payment or a negative claim. In support of his submission, reliance was placed on the judgments of the Hon'ble Supreme Court in Vishal Properties (P)Ltd., Vs. State of Uttar Pradesh and others [2007 (11) SCC 172], the State of 14/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch West Bengal and Others vs. Debasish Mukherjee and Others[2011(14) SCC 187],S.Dhanasekaran and Others vs. The State of Tamilnadu rep. by Secretary to Government, Finance(Pension)Departent, Chennai and others [2019 (0) SCC MDS 1318].

6. In Vishal Properties (P)Ltd., while dealing with the negative equality, the Supreme Court has held as under :

“13. Even otherwise, Article 14 is not meant to perpetuate an illegality. It provides for positive equality and not negative equality. Therefore, we are not bound to direct any Authority to repeat the wrong action done by it earlier. In Sushanta Tagore &Ors. Vs. Union of India &Ors., this Court rejected such a contention as sought to be advanced in the present case by observing:-
“ 36. Only because some advantages would ensue to the people in general by reason of the proposed development, the same would not mean that the ecology of the place would be sacrificed. Only because some encroachments have been made and unauthorised buildings have been constructed, the same by itself cannot be a good ground for allowing other constructional activities to come up which would be in violation of the provisions of the Act. Illegal encroachments, if any, may be removed in accordance with law. It is trite law that there is no equality in illegality.
13. This view also finds support from the 15/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch judgments of the this Court in Snehprabha v. State of U.P. &Ors.,; Secretary, Jaipur Development Authority, Jaipur v. Daulat Mal Jam &Ors., State of Haryana &Ors. v. Ram Kumar Mann, and Faridabad C.T. Scan Centre v. D.G. Health Services &Ors.
14. In Finance Commissioner (Revenue) v.

Gulab Chandra &Anr. this Court rejected the contention that as other similarly situated persons had been retained in service, persons senior to the petitioner could not have been discharged during the period of probation observing that even if no action had been taken in similar situation against similarly situated persons then too it did not confer any legal right upon the petitioner.

15. In Jalandhar Improvement Trust v. Sampuran Singh, and Union of India &Ors. v. Rakesh Kumar , this Court held that Courts cannot issue a direction that the same mistake be perpetuated on the ground of discrimination or hardship.

16. Any action/order contrary to law does not confer any right upon any person for similar treatment. State of Punjab &Ors. v. Dr. Rajeev Sarwal; Yogesh Kumar &Ors. v. Government of NCT Delhi &Ors.; Union of India &Anr. v. International Trading Company &Anr., and M/s Anand Button Ltd. v. State of 16/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch Haryana &Ors.”

7. In the above decision, the Hon'ble Supreme Court has held that no direction be issued to perpetuate the mistake on the ground of discrimination and that the law does not confer any right on any person for similar treatment. So far as other judgment held in State of West Bengal and Others vs. Debasish Mukherjee and Others is concerned, it is applicable to its own facts where the matter in issue is in respect of pay anomaly between the seniors and juniors. In the other judgment held in S.Dhanasekaran and Others vs. The State of Tamilnadu, it is stated that no vested right enjoins the claim and the same cannot be considered on the allegation that it has been taken away.

8. The learned counsel for the petitioners submitted that withholding the Government contribution for their own mistake would amount to impermissible recovery as prescribed in the judgment of the Supreme Court in the case of State of Punjab and others vs. Rafiq Masih reported in AIR 2015 SC 696. For the sake of clarity, the relevant paragraphs are extracted hereunder:

"12. It is not possible to postulate all situations 17/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:
(i)Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
(ii)Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii)Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv)Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v)In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh 18/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch the equitable balance of the employer's right to recover.”

9. The petitioners never claim that they have been appointed against regular vacancies and they are not regular employees. Even the respondents did not claim the status of the petitioners' employment. The petitioners have been appointed temporarily but their services have been utilized for several years as that of the regular employees. For the reasons best known to the respondents, CPS Account numbers were assigned to the petitioners and similar others and the contributions are also being made as similar as that of the regular employees.

10. All of a sudden, the mistake was found out and that too, after several years and orders have been issued to stop the payment by cancelling the CPS Account numbers assigned to the petitioners. While doing so, for some persons, who are similarly placed like that of the petitioners, respondents were gracious enough to settle the whole of the contributions made in their respective accounts. But for some other persons similar to the petitioners, the respondents thought it fit to allow only the petitioners' contribution, by withholding the respondents 19/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch contribution. Since the petitioners do not come under the pension scheme, they cannot claim that they had vested right to claim pension. If pension is allowed in respect of certain individuals by mistake and that the petitioners make similar claim, that would amount to claiming a right which is not vested in them and it is a claim for negative equality.

11. In the instant case, obviously by mistake, CPS Accounts were opened and contributions have been made for several years. By creating the legitimate expectation in the minds of the petitioners that at the time of termination of their services, they would be paid with consolidated contributions made in their account. The petitioners are not aggrieved at the time when their accounts are cancelled by realising the fact that they were not entitled to claim pension. But their only grievance is that while closing the account and making the refund, the whole of the amount contributed in their accounts ought to have been repaid to them uniformly without making any discrimination. No doubt, the contributions made into the accounts of the petitioners by the respondents and the permission given to the petitioners to make their contribution as a whole in their account is a mistaken exercise. But the 20/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch amount lying in the CPS Accounts of the respective individuals belonged to them after it was contributed. In other words, once the respondents give out their respective contribution by putting it in the box of the petitioners, the respondents cannot take it back by claiming later that it belonged to them. It is as similar as of a mistaken payment which have been made for several years in a few cases.

12. Even though the payment has not been made directly to the petitioners, the same has been done symbolically by crediting it in their respective account. In other words it is both the symbolic and actual dispossession of the government funds by passing it to the credit of the petitioners, though the disbursement is fixed at a later date of termination of service.

13.In all these cases, making the contributions of the respondents were being made for nearly 10 years. So the amount credited by the respondents in the account of the petitioners is 10 years old. Hence, in all probabilities, withholding the accumulated contribution so far made by the respondents into the accounts of the petitioners as an afterthought is an impermissible as per the dictum laid down by the Hon’ble Supreme 21/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch Court in White washer’s case.

14. Similarly placed persons in whose favour the amount so invested by mistake into their account have got the disbursement without any deduction. When it came to the turn of these petitioners red alert was issued. No doubt it is a settled principle of law that one can not claim negative equality. Even though the right claimed by the petitioners is the product of the mistake committed by the respondents, the fact remains that it was not a mistake of a few days or months, but a mistake committed for several years, through which, the petitioners were made to believe that they will be getting back the amount contributed into their CPS Account without any deduction, at the time of their termination. Sudden U-turn made by the respondents would largely affect the interest so cultivated in the minds of the petitioners than the respondents. To put it otherwise, the hardship that would cause to the petitioners in denying them the iniquitous payment on par with their equals would outweigh the respondent’s equitable right in denying the same. Hence, I feel that the petitioners should be disbursed with the whole of the amount contributed to their CPS account without any deduction. 22/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch

15. In the result, i The Writ Petition in WP(MD)No.10564 of 2024 is allowed and the impugned order passed by the 3rd respondent in No.42789/Nithi(Oo.Ku.Thee) Thurai/2021 dated 24.12.2021 is quashed.

ii The Writ Petition in WP(MD)No.11003of2024 is allowed and the impugned order passed by the 3rd respondent in No. 42789/Nithi (Oo.Ku.Thee) Thurai/ 2021,dated 24.12.2021, is quashed.

iii The Writ Petition in WP(MD)No.10302 of 2023 is allowed. iv The Writ Petition in WP(MD)No.22575 of 2023 is allowed and the impugned order passed by the 1st respondent in Na.Ka.No.33409/GG2/2023, dated 06.08.2023 and the impugned order of the 4th respondent in Na.Ka.No.413/A/2023, dated 04.08.2023, are quashed. v The Writ Petition in WP(MD)No.22576 of 2023 is allowed 23/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch and the impugned order of the 1st respondent in Na.Ka.No. 32698/GG2/2023, dated 12.08.2023 and the impugned order of the 4th respondent in Na.Ka.No.413/A/2023, dated 21.08.2023, are quashed.

vi The Writ Petition in WP(MD)No.22577 of 2023 is allowed and the impugned order of the 1st respondent in Na.Ka.No. 30834/GG2/2023, dated 25.07.2023, is quashed. vii The Writ Petition in WP(MD)No.22578 of 2023 is allowed and the impugned order of the 1st respondent in Na.Ka.No.32699/GG2/2023, dated 06.08.2023 and the impugned order of the 4th respondent in Na.Ka.No. 413/A/2023, dated 21.08.2023, are quashed. viii Consequently, the respondents are directed to disburse the whole of the amount contributed by both the petitioners and the Government to their CPS account of the respective petitioners without any deductionalong with interest in 24/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch terms of G.O.No.430, dated 06.08.2004 within 4 weeks from the date of receipt of the copy of this order. ix There shall be no orders as to costs. Consequently, all the connected miscellaneous petitions are closed.




                                                                              28.08.2024

                     Index         : Yes / No
                     Internet      : Yes/No
                     NCC          : Yes / No
                     Speaking :Non-Speaking order
                     PJL




                     25/29

https://www.mhc.tn.gov.in/judis
                                                                   W.P.(MD)No.10564/2024, batch



                     To
                     1. The Principal Secretary,
                     Government of Tamil Nadu,
                     Finance Department,
                     Fort St. George,
                     Chennai-600 009.

2. The Principal Secretary/Commissioner of Treasuries and Accounts, 3rd Floor, Integrated Office Complex for Finance Department, Veterinary Hospital Campus, AnnasalaiNandanam, Chennai-35.

3. The Special Secretary, Government of Tamil Nadu, Finance Department, Secretariat, Fort St. George, Chennai.

4. The Director, Directorate of Animal Husbandry and Veterinary Services, 571, Anna Road, Nandanam, Chennai-35.

5. The Chief Accounts Officer, O/o.Commissionerate of Treasuries and Accounts, CPC Cell, Government Data Centre, Perasiriyar K.Anbazhagan Maaligai, Nandanam,Chennai-35.

26/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch

6. The Deputy Director, District Treasury,Theni District.

7. The District Collector, Theni District, Theni.

8. The Assistant Director, Department of Animal Husbandry and Veterinary Services, Uthamapalayam Sub Division-Chinnamanur, Theni District.

9. Assistant Director, Animal Husbandry, Thirumangalam Division, Madurai District.

10. The Additional Director, Veterinary and Animal Husbandry, No.571, Annasalai, Nandanam, Chennai-35.

11. The Director, Veterinary and Animal Husbandry, No.571, Annasalai, Nandanam, Chennai-35.

12. The Director, The Government Data Centre, Kotturpuramm, Chennai.

13. The Regional Joint Director, Veterinary and Animal Husbandry Department, Karur. 27/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch

14. The Assistant Director, Veterinary and Animal Husbandry Department, Opposite to Library,Kavery Nagar, Kulithalai, Karur- 639 104.

15.Treasuries and Accounts Department, Sub Treasury Office, Taluk Office Campus, Kulithalai, Karur District-639 104.

28/29 https://www.mhc.tn.gov.in/judis W.P.(MD)No.10564/2024, batch R.N.MANJULA, J.

PJL Common Order made in W.P.(MD)Nos.10564 & 11003 of 2024, 10302, 22575 to 22578 of 2023 28.08.2024 29/29 https://www.mhc.tn.gov.in/judis