The Secretary And Correspondent, v. Dr.M.Arunachalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD) No.13873 of 2023 The Secretary & Correspondent KLN College of Information Technology Pottapalayam Manamadurai Taluk Sivagangai District-630 612 ... Appellant / 4th Respondent -vs1.Dr.M.Arunachalam ... 1st Respondent / Petitioner 2.The Principal Secretary to Government Syndicate Member, Anna University Higher Education Department Government of Tamil Nadu Secretariat, Chennai- 600 009.

3.The Administrative Head AICTE, Nelson Mandela Marg Vasant Kunj New Delhi-110 070

4.The Regional Director AICTE, Southern Regional Office Shastri Bhavan 26, Haddows Road Nungambakkam, Chennai ... Respondents 2 to 4 / Respondents 1 to 3 Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 08.06.2023, passed in W.P.(MD) No.11079 of 2022, on the file of this Court.

For Appellant :

Mr.R.G.Shankar Ganesh For Respondents :

Mr.K.Krishna for R1 Mr.D.Sadiq Raja Additional Government Pleader for R2 to R4 C O M M O N J U D G M E N T [Judgment of the Court was made by S.M.SUBRAMANIAM, J.] These writ appeals are directed against the orders of the learned Single Judge, dated 08.06.2023, passed in W.P.(MD) No.11079 of 2022.

2. The appellant is K.L.N.College of Information Technology. It is brought to our notice that the said College has already been closed and is not

functioning as of now. The respondent - employees filed writ petitions stating the terminal benefits due to them have not been settled by the Management of the appellant - College. The representations submitted by the respondent - employees to settle the terminal benefits were not responded and thus, the writ proceedings were instituted seeking a direction the Management of the appellant - College and also the official respondents to consider the respondent - employees' representations and pass final orders.

3. Taking into consideration the plight of the respondent - employees, the learned Single Judge discussed the issues with reference to the All India Council for Technical Education (Redressal of Grievance of Faculty / Staff Member) Regulations, 2021 and directed the Management of the appellant - College to settle the respondent - employees' terminal benefits. The said order is under challenge before us.

4. Learned counsel appearing for the appellant - College submitted that the Management is ready to settle the gratuity amount to the respondent - employee as detailed below:

5. Learned counsel appearing for the respondent - employee made a submission that the other claims have not been included in the above details furnished by the appellant - College.

6. The writ petition itself was filed seeking a direction to the Management of the appellant - College and the official respondents to consider the representations of the respondent - employees and settle the pending terminal benefits. Therefore, we are not inclined to go into the merits of the case. More so, the learned Single Judge has considered the issues on merits

and directed the Management to settle the admitted dues and now, the Management of the appellant - College has come forward to settle the dues.

7. That being the factum, the Management of the appellant - College is directed to settle the dues to the respondent - employees, as per the Memo, within a period of four weeks from the date of receipt of a copy of this Judgment.

8. The appellant / management is directed to form the Grievance Redressal Committee in terms of the All India Council for Technical Education (Redressal of Grievance of Faculty / Staff Member) Regulations, 2021 within a period of four weeks from the date of receipt of a copy of this order and the first respondent / employee is at liberty to approach the Grievance Redressal Committee to redress the grievance, if any exist, for redressal in the manner known to law.

9. With the above directions, the writ appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [V.L.N., J.] 16.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No SJ To:

The Principal Secretary to Government, Syndicate member, Anna University, Higher Education Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

SJ and C.M.P.(MD) Nos.13873 of 2023 16.10.2023