Mr.Tarmon E.Fernandez, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P.No.2103 of 2016 Tarmon E.Fernandez ... Petitioner -vs1.The Secretary to Government of Tamil Nadu, School Education Department, (Second Appellate Authority under Section 22 A of the Code of Regulations for Matriculation Schools,) Fort St.George, Chennai - 600 009.
2.The Director, Board of Matriculation Schools, (First Appellate Authority), DPI Complex, College Road, Chennai - 600 006.
3.The Correspondent, Don Bosco Matriculation Higher Secondary School, Egmore, Chennai - 600 008.
... 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 and quash the Letter No. 33402 / Po.Nu.2 / 2013-3 dated 12.12.2014 issued by the 1st Respondent read with orders Na.Ka.No. 4894 / AA2 / 2012 dated 2.08.2013 and 13.07.2012 issued by the 2nd and 3rd Respondents and direct the 3rd Respondent to pay the full salary and emoluments for the suspension period of twenty months with all other consequential benefits such as regularization of the twenty months suspension period, sanction of the three increments due and consequent revision of terminal benefits and pension For petitioner : Mr.D.Nagasaila For respondents : Mrs.Rajarajeswari, Government Advocate, for R1 &R2 Mr.D.Ferdinand, for R3 *****
ORDER
Today, a joint memo of compromise has been filed. It is seen that the parties have negotiated and settled their dispute. The terms
of compromise has been reduced into writing which reads as follows:
"I. Without getting into the merits of the issue and the charges framed as against the writ petitioner herein, taking into consideration the service rendered by the writ petitioner and the request made him, the 3rd respondent management has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner towards as one time full and final settlement amount, in respect of the demand made by the writ petitioner vide RTGS to the bank account of the petitioner.
II. The petitioner upon receipt of Rs.5,00,000/- (Rupees Five Lakhs only), doth hereby admit and acknowledge the same and relinquished the 3rd respondent from any further payment thereof.
III. The petitioner having received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) from the 3rd respondent, shall not have any manner of claim or rights in connection to the issues or
claim made in the writ petition.
IV. The petitioner further undertakes that neither him nor any of his family members shall make any attempts to re-agitate the same issues or seek for the reliefs sought for in the writ petition in any other proceedings."
2.
This joint memo of compromise is taken on file. Accordingly, this writ petition is disposed of in terms of the joint Memorandum of Compromise dated 26.07.2024. The terms of joint Memorandum of Compromise dated 26.07.2024 signed by the learned counsel for the petitioner and the 3rd respondent shall form part and parcel of this judgment and decree. Connected W.M.P. stands closed. No costs.
29.07.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
To 1.The Secretary to Government of Tamil Nadu, School Education Department, (Second Appellate Authority under Section 22 A of the Code of Regulations for Matriculation Schools,) Fort St.George, Chennai - 600 009.
2.The Director, Board of Matriculation Schools, (First Appellate Authority), DPI Complex, College Road, Chennai - 600 006.
3.The Correspondent, Don Bosco Matriculation Higher Secondary School, Egmore, Chennai - 600 008.
P.T.ASHA, J., ssa 29.07.2024