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Madras High CourtWP/32625/2022disposed of

Dr.T.Vasanthi v. Madras Medical College

2022-12-02Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.32030 & 32032 of 2022 Dr. T. Vasanthi .. Petitioner Vs.

Madras Medical College, Rep. by its Dean, Chennai - 600 003.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the respondent in his proceedings in U.O.Note. 14920/ME5(2)/2022 dated 17.09.2022 and quash the same and consequentially direct the respondent to calculate the bond amount of the petitioner, from the date of demand, excluding the past service rendered by the petitioner in respondent College.

For Petitioner : Mr.E.V. Chandru for M/s.Aruna Elango For Respondent : Mr.Stalin Abimanyu, Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed challenging the intra-office communication of the respondent dated 17.09.2022 in U.O.Note. 14920/ME5(2)/2022.

2. Heard Mr.E.V. Chandru for M/s.Aruna Elango, learned counsel for the petitioner. Mr.Stalin Abimanyu, learned Additional Government Pleader, accepts notice on behalf of the respondent. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner seeks for acceptance of her resignation based on her letter dated 21.06.2022. As seen from the resignation letter, she proposed to resign from the post of Senior Assistant Professor in Dermatology, as she is suffering from Vertiginous migraine and Cervical Spondylosis. In the said resignation letter, she has undertaken to pay the bond amount executed during her post graduation. As per the impugned proceedings, the amount payable by the petitioner under the bond executed by her, is determined at Rs.46,47,322.13/-. The petitioner claims that the said amount has been 2/4

wrongly calculated. Admittedly, the impugned communication has not been addressed to the petitioner.

4. No prejudice will be caused to the respondent if they are directed to send a demand to the petitioner by correctly calculating the bond amount payable by the petitioner, from the date of demand, excluding the past service rendered by her, within a time frame to be fixed by this Court. On receipt of the said demand, the petitioner is directed to pay the correct amount to the respondent to enable the respondent to accept the petitioner's resignation letter unconditionally.

5. For the foregoing reasons, this Writ Petition is disposed of, by directing the respondent to intimate the petitioner, the correct bond amount payable by her, which has to be calculated from the date of demand, excluding the past service rendered by her in the respondent College, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of the said correct demand, the petitioner shall pay the amount accordingly to the respondent College, within a period of two (2) 3/4

ABDUL QUDDHOSE,J.

Sni weeks thereafter. On payment of the said sum by the petitioner, the respondent shall accept the petitioner's resignation as per her resignation letter unconditionally. No costs. Connected miscellaneous petitions are closed.

02.12.2022 Speaking/Non-speaking order Index: Yes/No Sni To Dean, Madras Medical College, Chennai - 600 003.

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