The Secretary And Correspondent v. Dr. M.Arunachalam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN in W.A.(MD) No.1824 of 2023 and C.M.P.(MD) No.329 of 2024 The Secretary & Correspondent KLN College of Information Technology Pottapalayam Manamadurai Taluk, Sivagangai District - 630 612.
... Petitioner/Appellant Vs.
1.Dr.M.Arunachalam 2.The Principal Secretary to Government, Syndicate Member, Anna University, Higher Education Department, Government of TamilNadu, 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, 1/6
26, Haddows Road, Nungambakkam, Chennai.
... Respondents Prayer :- Review Application filed under Order 47 Rule 1 & 2 read with Section 114 of C.P.C., praying to review the order dated 16.10.2023 made in W.A.(MD)No.1824 of 2023 by their Lordship Justice S.M.SUBRAMANIAM & Justice V.LAKSHMINARAYANAN. For Petitioner : Mr.R.G.Shankarganesh For Respondent : Mr.Krishna (for R1)
O R D E R
(Order of the Court was delivered by S.M.Subramaniam J.) The review petition has been instituted to review the order passed by us on 16.10.2023, in W.A.(MD)No.1824 of 2023.
2. The learned counsel for the petitioner, Mr.R.G.Shankar Ganesh would submit that the review petitioner Management finds it difficult to constitute a Committee in terms of the Regulations of the year 2021. More so, the College has been closed and therefore, they have instituted the present review petition.
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3. We have considered the fact that the College has already been closed and not functional as of now. However, the other courses are being conducted by the petitioner College Management and therefore, constitution of a Redressal Grievance Committee, under the Regulations of the year 2021, becomes mandatory.
4. The difficulties expressed by the review petitioner cannot be considered for the purpose of reviewing our order and it is mandatory to constitute such a Committee in the interest of the teachers and staff members. Pertinently, the review petitioner Management was directed to settle the dues to the employees as per the memo.
5. The admitted amount ought to have been settled by this time. Therefore, a factual inference is to be drawn that the Management has filed the present review petition to avoid payment of service benefits to its employees. Such a stand cannot be appreciated and therefore, we are not inclined to entertain the review petition.
6. The learned counsel for the review petitioner undertakes that the balance amount, other than the gratuity, if any due to the employees of the 3/6
petitioner College, would be settled within the period of six (6) weeks from today.
7. With the above observations, the review petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
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To 1.The Principal Secretary to Government, Syndicate Member, Anna University, Higher Education Department, Government of TamilNadu, Secretariat, Chennai - 600 009.
2.The Administrative Head, AICTE, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.
3.The Regional Director, AICTE, Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai.
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S.M.SUBRAMANIAM, J.
and V.LAKSHMINARAYANAN, J.
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