S.Aasaimani v. Annamalai University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.Nos.37269 of 2015 and 37270 of 2015 S.Aasaimani ... Petitioner in WP.37269/2015 S.Anbalagan ... Petitioner in WP.37270/2015 Vs.

Annamalai University Rep by its Registrar Annamalai Nagar, Cuddalore District.

... Respondents in both the WPs Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondent to revoke the order of suspension of the petitioner dated 07.06.2014 and 08.08.2014 respectively by considering their application dated 08.10.2015 within stipulated time.

For Petitioners in both the petitions : Mr.K.Balu For Respondent in both the petition : Mr.R.Suresh Kumar.

C O M M O N O R D E R These writ petitions have been filed seeking for revocation of the suspension order dated 07.06.2014 and 08.08.2014 respectively by considering the representations dated 08.10.2015.

2.Mr.R.Sureshkumar, learned counsel for the respondent submitted that a criminal case in Cr.No.114 of 2014 is registered against the petitioners for the alleged offence under Sections 147, 148, 323, 324, 307, 436 and 379 IPC. The similar request made by the petitioners herein was rejected by the respondent on 09.10.2014 and admittedly that was not challenged by the petitioners. The learned counsel further submitted that the representations of the petitioners was considered by the syndicate and the same was rejected on https://hcservices.ecourts.gov.in/hcservices/

11.12.2015 and 09.12.2015 respectively. The learned counsel has also produced the letter of rejection passed by the syndicate.

3.It is further submitted by learned counsel for the respondent that with regard to the payment of subsistence allowance the respondent will take decision in the next syndicate meeting.

4.The learned counsel for the petitioners would submit that the Government has issued letter No.13519/N/2015-1, dated 23.07.2015 based on the judgment of the Hon'ble Apex Court in the case of Ajay Kumar Choudhary V. Union of India arising out of SLP.(C).No.31761 of 2013 in which they have framed guidelines for extension of the suspension order. The respondent without considering the judgment and the GO rejected the representation of the petitioners. 5.This Court is of the opinion that the writ petitions have become infructuous.

6.In the result, both the writ petitions are dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tsh To The Registrar Annamalai University Annamalai Nagar, Cuddalore District.

+ 2 ccs to Mr.K. Balu, Advocate SR.67802 & 67803 + 2 ccs to Mr.R.Suresh Kumar, Advocate SR.67212 & 67213 W.P.Nos.37269 and 37270 of 2015 PA(CO) EU 8.1.16 https://hcservices.ecourts.gov.in/hcservices/