The Secretary v. R.V. Rajavel,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.A.(MD) No.1000 of 2021 1.The Secretary, Virudhunagar S.Vellaichamy Nadar Polytechnic College, Virudhunagar - 626001.

2.The Chairman, Virudhunagar S.Vellaichamy Nadar Polytechnic College, Virudhunagar - 626001.

3.Mr.V.P.P.K.C.Narayanamoorthi, The Secretary, Virudhunagar S.Vellaichamy Nadar Polytechnic College, Virudhunagar - 626001.

4.The Principal, Virudhunagar S.Vellaichamy Nadar Polytechnic College, Virudhunagar - 626001.

: Petitioners Vs.

1.R.V.Rajavel 2.The State of Tamil Nadu rep. by its Secretary to Government, Higher Education Department, Secretariat, Chennai.

3.The Director, Directorate of Technical Education, 53, Sardhar Patel Road, Guindy, Chennai - 600 025.

: Respondents

Prayer: Review Application filed under Order XLVII Rule 1 and Section 114 of the Code of Civil Procedure to review the common order dated 22.06.2022 passed in W.A.(MD) No.1000 of 2021 and allow the Review Petition.

For Petitioner : Mr.G.Prabhu Rajadurai For 1st Respondent : Mr.Mohamed Imran For 2nd Respondent : Mr.S.Saji Bino Special Government Pleader ******

O R D E R

(Order of the Court was made by S.S.SUNDAR, J.) The Review Application is filed to review the order passed by this Court earlier in W.A.(MD) Nos.907 and 1000 of 2021, dated 22.06.2022.

2.

After the disposal of the Writ Appeals, it appears that the parties viz., the appellants and the first respondent have entered into a compromise. Today, a Joint Compromise Memo dated 25.08.2022, signed by the appellants and the first respondent, is produced before this Court. In the said Joint Compromise Memo, the parties have signed in the presence of their respective learned counsel.

3.

The terms of the compromise are as follows:- a. The Appellants shall reinstate the 1st Respondent into his service as lecturer in the Appellant college on 25.08.2022.

b. The Appellants shall withdraw the charge memo dated 08.11.2018 against the 1st Respondent fully and shall not put the 1st Respondent into any disadvantage arising out the said charge memo dated 08.11.2018.

c. The 1st respondent shall not make any claim of arrears of salary from the management for the period from 29/07/20 till the date of reinstatement and acquit the management of all such claim.

d. The Appellant shall send the proposal for the regularisation of the service of the 1st respondent with all monetary and service benefits from the date of initial appointment namely 06.07.2015 as confirmed by the Hon'ble High Court in Judgment of W.P.(MD) No.

8717 of 2020 dated 19.03.2021. The Appellant is not liable for any claim of anomalies regarding the date of initial appointment and the same was clarified by

the Hon'ble High Court in W.P.(MD) No.

8717 of 2020.

e. The appellant will pay salary of the 1st respondent as soon as the 3rd respondent/DOTE approves the proposal as stated in Para (iv). The 1st respondent agree that he will not claim any monetary remunerations from the 1st appellant for the interregnum period."

4.

This Review Application is disposed of on the basis of the Joint Compromise Memo dated 25.08.2022. It is open to the parties to workout their remedies before the official respondents in the writ appeals in the manner as it is open to them. No costs. [S.S.S.R., J.] [S.S.Y., J.] 01.09.2022 Index : Yes/No sj To 1.The Secretary to Government, Higher Education Department, State of Tamil Nadu, Secretariat, Chennai.

2.The Director, Directorate of Technical Education, 53, Sardhar Patel Road, Guindy, Chennai - 600 025.

S.S.SUNDAR, J.

and S.SRIMATHY , J.

sj 01.09.2022