The High Court at Madras dismissed an appeal against a single judge's interim order in a service dispute, holding that no adjudication had been made below, rendering the appeal not maintainable. Connected miscellaneous petitions were closed.
The writ appeal was disposed of as not maintainable. Connected CM.P.s were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.01.2017
Coram
The Hon'ble Mr.Justice NOOTY. RAMAMOHANA RAO and
The Hon'ble Mr.Justice S.M.SUBRAMANIAM
W.A. No.8 of 2017
R.Buvanesvari .. Appellant
Versus
Appeal filed under Clause 15 of the Letters Patent, against the order passed in W.M.P.Nos.32687 in W.P.No.38141 of 2016, by the learned single Judge.
WP.NO.32687 of 2016: to grant interim stay of the operation of the order of the 1st Respondent dated 8.6.2016 bearing reference NO.008554/C.S.Hr. & Tech. Edn)/ E3/2016, pending disposal of the writ petition 38141/16 .
W.P.No.38141/2016: To issue a certiorarified Mandamus after
calling for the records relating to the orders of the 1strespondent dated 8.6.2016 bearing Reference No.008554/ CS(Hr. & Tech.Edn)/ E3/2016 and quash the same as being illegal arbitrary violative of principles of natural justice unjust and beyond jurisdiction and consequently direct the respondents 1 and 2 to continue the petitioner as Principal of the 2nd respondent pay salary and other benefits meant for the posts
For Appellant .. Mr.M.Gnanasekar For Respondents .. Mr.R.Krishnamoorthy, Senior Counsel for Mr.S.Saravanakumar for R1
Mrs.D.Reena Iswariya AGP (Pondy) for R2&R3.
JUDGMENT
(Delivered by NOOTY. RAMAMOHANA RAO, J)
This is an appeal under Clause 15 of the Letters Patent preferred against an order passed in W.M.P.Nos.32687 and 34523 of 2016 in W.P.No.38141 of 2016, by the learned single Judge.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
gr
Copy to:
1 issue framed by the court
Whether a letters patent appeal is maintainable against an order made by a single judge that has not adjudicated the main writ petition nor passed any final order on the pleas raised.
R. Buvanesvari
Dr. P. Thambidurai
Union of India
Perunthalaivar Kamarajar Institute
Nooty Ramamohana Rao
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
