Madras High CourtWP(MD)/8989/2017disposed of

Dhanasekaran v. All India Council For

2017-07-17Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)Nos.8989, 2706 of 2017 and W.P.(MD).No.21637 of 2016 and W.M.P(MD).Nos.6861, 6862,2247 of 2017 and W.M.P.(MD).Nos.15676 and 17031 of 2016 Dhanasekaran ... Petitioner in all cases Vs.

1.All India Council for Technical Education, I.G.Sports Complex, I.P.Estate, New Delhi-110 002.

2.The Directorate of Technical Education, Sardar Patel Road, Guindy, Chennai-600 035.

3.The Correspondent, The Christian Institute for Technical Education, (Christian Polytechnic College) Ottanchathiram-624 619, Dindigul District.

4.The Principal, The Christian Institute for Technical Education, (Christian Polytechnic College) Ottanchathiram-624 619, Dindigul District.

.. Respondents in all cases PRAYER in W.P.(MD).No.8989/2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the order proceedings of the reference Nil dated 27-10-2016 and consequential initiation of the departmental proceedings issued by the third respondent by the order dated 20.04.2017 in proceedings of the reference nil and consequential order dated 03.05.2017 and quash the same as illegal and further directed the third respondent to reinstate the petitioner as senior lecturer forthwith.

PRAYER in W.P.(MD).No.2706/2017: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of

Certiorari, to call for the records of the impugned proceedings of the reference Nil dated 18.01.2017 issued by the third respondent and quash the same as illegal and pass such further or other orders.

PRAYER in W.P.(MD).No.21637/2016: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 31.10.2016 passed by the third respondent without any reference number or proceedings number, discontinuing the services of the petitioner and quash the same as illegal and consequently direct the respondents 3 and 4 to reinstate the petitioner as senior lecturer in their college forthwith.

For Petitioner in all cases : Mr.N.Ananthapadmanabhan For R1 and R2 in all cases : Mr.D.Muruganantham Additional Government Pleader For R3 and R4 in all cases : Mr.P.Chandra Bose COMMON ORDER In all these writ petitions, the petitioner has challenged the impugned proceedings dated 27-10-2016, 18.01.2017 and 31.10.2016 respectively, issued by the third respondent. 2.Heard Mr.N.Ananthapadmanabhan, learned counsel appearing for the petitioner, Mr.D.Muruganantham, learned Additional Government Pleader appearing for the first and the second respondents and Mr.P.Chandra Bose, learned counsel appearing for the third and fourth respondents.

3.By consent of both sides, these writ petitions are taken up for final disposal.

4.The learned counsel appearing for the petitioner vehemently contended before this Court that when the third and fourth respondents have passed an order terminating the services of the petitioner, ignoring the fact that he has put in 18 long and unblemished years of service, it will be highly difficult for the petitioner to continue his service with them. He further submitted that the petitioner is permitted to put in his paper for honourable farewell from the respondent College. Therefore, if the petitioner comes forward to put in his paper, the respondents will accept the same. Pursuant to the said submissions, this Court by order dated 13.07.2017, directed the learned counsel appearing for the respondents 3 and 4, to get instructions.

5.Today, when the matter came up for hearing, the learned counsel for the respondents fairly submitted that if the petitioner puts in his paper seeking resignation, the same would be accepted and he will be relieved from the respondent College and whatever the benefit, he is legally entitled to, the same also would be considered.

6.Recording the above submissions, these writ petitions are disposed of directing the petitioner to submit his resignation letter forthwith, within a week time from the date of receipt of a copy of this order and on receipt of the same, the respondents 3 and 4 shall consider the same and pass orders on merits and in accordance with law, without resorting to any disciplinary proceedings. As the petitioner has put in a long continuous service, it is needless to mention that the respondents 3 and 4 will process the petitioner's pension papers in the manner known to law, without any delay. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.All India Council for Technical Education, I.G.Sports Complex, I.P.Estate, New Delhi-110 002.

2.The Directorate of Technical Education, Sardar Patel Road, Guindy, Chennai-600 035.

+1cc to M/s.Special Government Pleader, SR.65988 +1cc to Mr.P.Chandrabose, Advocate, SR.65789 +1cc to Mr.N.Ananthapadmanabhan, Advocate,SR.65913 W.P(MD)Nos.8989, 2706 of 2017 and W.P.(MD).No.21637 of 2016 and W.M.P(MD).Nos.6861, 6862,2247 of 2017 and W.M.P.(MD).Nos.15676 and 17031 of 2016 17.07.2017 NS KK/SKN RSK/SAR2-18.07.2017-3P-6C