S PANDIYAN AND ORS Vs. COMMISSIONER DINDIGUL MUNICIPALITY

JUDGEMENT

(1.) The petitioners are working as bill collectors in the respondent Dindigul Municipality and they have filed this writ petition challenging the order dated 02.04.2009 wherein by which the Commissioner of the respondent Municipality directed to recover the outstanding dues from the salary of the petitioners.

(2.) As per the impugned order, it was informed that since the limitation period has been increased to 12 years, the petitioners are liable to pay the outstanding dues which were not collected 12 years before. Challenging the same, the present writ petition has been filed.

(3.) In the writ petition, notice of motion was ordered and pending notice, interim stay of recovery was granted. On notice from this Court, a counter affidavit has been filed. It is the stand of the respondent that since the employees/petitioners are not performing their duty, they are bound to pay outstanding dues and hence the impugned order is valid. It is the petitioners who have performed all the collection of arrears of tax and therefore they are negligent and the arrears of tax can be recovered from them.