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Madras High CourtWP/15739/2019closed

Dr.M.Ananth Kumar v. The Regional Officer

2023-06-28Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM:

THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.15739 of 2019 and W.M.P.No.17088 of 2019 Dr.M.Ananth Kumar ... Petitioner Vs.

1.The Regional Officer, All India Council for Technical Education, Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

2.The Secretary, Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai - 602 105.

3.The Principal, Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai - 602 105.

4.The Secretary, Sri Venkateswara Educational and Health Trust, No.1/3A, River View Road, Kotturpuram, Chennai - 600 085.

5.The Principal Secretary / Commissioner of Technical Education, Department of Technical Education, Chennai 600 025. 1/6

6.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the termination order dated 13.05.2019 issued by the third respondent terminating the petitioner from his service and be quashed as arbitrary and illegal and consequently, direct the 2nd and 3rd respondents to reinstate the petitioner as Associate Professor in the 2nd and 3rd respondents Institute with all arrears of salary from the date of his termination on 13.05.2019. For Petitioner :

Mr.Thomas T.Jacob For Respondents :

Ms.AL.Ganthimathi, Senior Counsel for Mr.AR.Karthik Lakshman for RR2 to 4 Mr.T.Chezhian, Addl. Government Pleader for R5 No appearance for R1 & R6

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the termination order dated 13.05.2019 issued by the third respondent, terminating the petitioner from his service and be quashed as arbitrary and illegal and consequently, direct the 2nd and 3rd respondents to reinstate the petitioner as Associate Professor in the 2nd and 3rd respondents Institute with all arrears of salary from the date of his termination on 13.05.2019.

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2. Though the petitioner has filed this writ petition challenging the termination order dated 13.05.2019, in the course of the arguments, the Court suggested that the issue can be given a quietus. Accordingly, the petitioner met the management and it has been agreed that the petitioner's termination order shall be recalled and a relieving letter together with a work experience certificate shall be provided, subject to the petitioner submitting an undertaking to the second respondent College to the effect that he shall not make any future claim or demand or initiate action of any kind whatsoever against the second respondent Institution, touching the issue concerning his employment with the second respondent Institution.

3. The second respondent has also agreed that since the petitioner has attended work upto 25.01.2022, his services upto that date viz., 25.01.2022 shall be reckoned for the purpose of his work experience certificate and also for calculation of terminal benefits such as provident fund and gratuity. It is also made clear that if the petitioner is liable to pay any dues to the second respondent Institution, the same shall be cleared across the undertaking being given by him to the second respondent. It is also agreed by the second respondent Institution that the relieving letter, work experience certificate and 3/6

gratuity payment shall be settled across the petitioner giving the undertaking to the second respondent Institution.

4. With these observations and directions, the writ petition is closed. There shall be no mutual claims between the second respondent and the petitioner hereafter. The above mentioned directions shall be completed within a period of one week from today. No costs. Consequently, connected miscellaneous petition is closed.

Index: Yes/No 28.06.2023 Speaking / Non Speaking Order gsk NOTE : Issue order copy on 30.06.2023.

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To 1.The Regional Officer, All India Council for Technical Education, Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

2.The Secretary, Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai - 602 105.

3.The Principal, Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai - 602 105.

4.The Secretary, Sri Venkateswara Educational and Health Trust, No.1/3A, River View Road, Kotturpuram, Chennai - 600 085.

5.The Principal Secretary / Commissioner of Technical Education, Department of Technical Education, Chennai 600 025. 6.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

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P.B.BALAJI, J.

gsk W.P.No.15739 of 2019 and W.M.P.No.17088 of 2019 28.06.2023 6/6