High Court of KeralaWP(C)/29305/2015closed

Tressa C.R v. Mahatma Gandhi University

2015-11-04Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 ---------------------------- PETITIONER(S):

----------------------- MRS. TRESSA C.R, AGED 47 YEARS CHAMBADYPARAMBIL, BOLGATTY, MULAVUKADU P.O.

KOCHI.

BY ADVS.SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI SRI.M.ASHOK KINI RESPONDENT(S):

----------------------------

1. MAHATMA GANDHI UNIVERSITY KOTTAYAM REPRESENTED BY ITS REGISTRAR, PIN-686 001.

2. THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION 7TH FLOOR, CHANDER LOK BUILDING, JANPATT NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN

3. ALBERTIAN INSTITUTION OF MANAGEMENT ST.ALBERT COLLEGE, BANERJI ROAD, ERNAKULAM KOCHI-682 031, REPRESENTED BY THE MANAGER

4. FATHER ANTONY ARAKKAL MANAGER ALBERTIAN INSTITUTION OF MANAGEMENTST.ALBERT COLLEGE BANERJI ROAD, ERNAKULAM, KOCHI-682 031

5. THE PRINCIPAL ALBERTIAN INSTITUTION OF MANAGEMENT ST.ALBERTS COLLEGE BANERJI ROAD, ERNAKULAM, KOCHI-682 031 Addl.6. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT THIRUVANANTHAPURAM - 695 001.

(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 28.10.2015 IN IA 14699/15) R2 BY ADV. SRI.S.KRISHNAMURTHY,SC, AICTE R3,R 4,R 5 BY ADV. SRI.P.GEORGE WILLIAM R BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF PAY SLIP DTD. 25.8.15 EXT.P2 COPY OF THE ANNUAL STATEMENT OF ACCOUNT FOR THE YEAR 2012-13.

EXT.P3 COPY OF REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT.

EXT.P4 COPYOF THE REPRESENTATION SUBMITTED BEFORE THE GOVT. RESPONDENTS EXHIBITS:

EXT.R3(A) COPY OF LETTER NO. AIM/SALARY/115A DTD. 29.9.15 TO THE MANAGER , THE SOUTH INDIAN BANK LTD. ALONG WITH THE LIST OF STAFF SALARY OF THE PETITIONER TRESSA C.R EXT.R3(B0 COPY OF PAY SLIP OF THE PETITIONER FOR THE MONTH OF SEPTEMBER, 2015.

EXT.R3(C) COPY OF THE DUTY LIST GIVEN TO THE PETITIONER AND ACKNOWLEDGED BY HER BY PUTTING HER SIGNATURE EXT.R3(D) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF MARCH, 2015 EXT.R3(E) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF APRIL, 2015 EXT.R3(F) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF MAY, 2015 EXT.R3(G) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF JUNE, 2015 EXT.R3(H) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF JULY, 2015 EXT.R3(I) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF AUGUST, 2015 CONTD..2..

.. 2 ..

EXT.R3(J) COPY OF THE DETAILS OF THE PUNCHING MACHINE SHOWING MONTHLY DETAILED ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF SEPTEMBER, 2015 EXT.R3(K) COPY OF THE MONTHLY ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF JANUARY 2014 EXT.3R(L) COPY OF THE MONTHLY ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF FEBRUARY 2014 EXT.R3(M) COPY OF THE MONTHLY ATTENDANCE REPORT OF THE PETITIONER FOR THE MONTH OF MARCH 2014 // TRUE COPY // P.A TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.29305 of 2015 - K ====================== Dated this the 4th day of November, 2015

J U D G M E N T

The learned Counsel for the respondent submits on instruction that the petitioner has been consistently late in coming for duty and she has been warned several times. It is submitted that there was no oral termination effected and when she was not present, even the Administrative Officer called her over the telephone, asking her to report for duty. The petitioner denies the same.

2. In any event, the Management now submits that they are willing to take her back in employment. But, however, on the ground of continued delayed reporting for duty, they have an apprehension, whether she could be continued. If at all there is an allegation against the petitioner, the Management will

W.P.(C) No.29305 of 2015 - K be free to take disciplinary action against the petitioner. In such circumstance, the writ petition would stand closed recording the undertaking of the Management and it is made clear that this Court has not considered the maintainability of the writ petition at all and has merely closed it on the submission of the counsel.

Sd/- K. VINOD CHANDRAN, JUDGE SB/06/11/2015 // true copy // P.A to Judge.