E.Narasimalu v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WA No. 2274 of 2022 AND CMP NO. 17336 OF 2022

1. E.Narasimalu S/o D.Eathirajalu, No.66/90, 2nd Street, Selvaganapathy Nagar, Thiruverkadu, Chennai 600077 Appellant(s) Vs

1. The Chairman SRM Group, Jawarharlal Nehru Road, (100 feet road, Near Vadapalani Signal) Vadapalani Campus, Chennai 600026 2.The Vice Chairman SRM Arts and Science College, (SRM University-Main Library). SRM Nagar, Kattankulathur, Chengalpattu District 603203 3.The Principal SRM Arts and Science College, Affiliated to University of Madras, SRM Nagar, Kattankulathur, Chengalpattu District 603203

4.The Dean SRM-IST, No.33, Kalaimagal Nagar, 3rd Phase, Ekkatuthangal campus, Chennai 600032 Respondent(s) PRAYER: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order passed by this court dated 13.09.2021 in W.P.No. 19039 of 2021. For Appellant(s):

M/S.S.Mahalakshmi P.Priyanka Dk.Partheepan For Respondent(s):

M/s.R.Rajarajan for R1 to 4,

ORDER

(Order of the Court was made by J.Nisha Banu J.) The writ petitioner has filed the present writ appeal, challenging the order passed by the learned Single Judge in W.P.No.19039 of 2021, dated 13.09.2021.

2. The case of the appellant / writ petitioner is that he had joined as Technical instructor on 28.07.2010 in the 3rd respondent college and

subsequently, he was promoted as Assistant Professor on 01.10.2016, by transferring him from SRM Arts and Science College, Kattankulathur Campus to SRM-IST (Institution of Science and Technology), Ekkatuthangal Campus. According to the appellant, he had not received salary from the month of August 2020 and while he requested to release the salary, the third respondent has informed that the appellant was relieved from the post of Assistant Professor, without any prior notification. Further, the third respondent issued a lay off notice dated 08.09.2020, intimating that the appellant/writ petitioner was terminated from service and challenging the said order, he filed the above writ petition. The writ court dismissed the writ petition and the same is impugned herein.

3. The learned Single Judge dismissed the writ petition mainly on the ground that the appellant/writ petitioner has an alternative remedy before the appropriate forum under the labour law. The writ court after taking into consideration the facts and circumstances of the case and the relief sought for, has raised the question of maintainability of writ petition under Article 226 of Constitution of India and rightly dismissed the writ petition. No observation was made on the merits by the writ court, while dismissing the writ petition, since the writ petitioner has an alternative relief. Therefore, we find no infirmity in the order passed by the learned Single Judge and accordingly the writ appeal is liable to be dismissed.

4. The writ appeal stands dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed.

(J.NISHA BANU J.)(M.JOTHIRAMAN J.) 22-08-2025 Index:Yes/No Internet:Yes MST To 1.The Chairman SRM Group, Jawarharlal Nehru Road, (100 feet road, Near Vadapalani Signal) Vadapalani Campus, Chennai 600026 2.The Vice Chairman SRM Arts and Science College, (SRM University-Main Library). SRM Nagar, Kattankulathur, Chengalpattu District 603203 3.The Principal SRM Arts and Science College, Affiliated to University of Madras, SRM Nagar, Kattankulathur, Chengalpattu District 603203 4.The Dean SRM-IST, No.33, Kalaimagal Nagar, 3rd Phase, Ekkatuthangal campus, Chennai 600032

J.NISHA BANU J.

AND M.JOTHIRAMAN, J.

MST WA No. 2274 of 2022 and CMP NO. 17336 OF 2022 22-08-2025