Disposed

Dr.M.Ananth Kumar v. The Regional Officer

Madras HC28 Jun 2023WP/15739/2019

Case brief

AI extract

What is this about?

This order closed the writ petition challenging the termination of the petitioner as an Associate Professor. The court facilitated a settlement where the termination order was recalled. The respondent college must provide a relieving letter, work experience certificate, and settle terminal benefits upon receiving an undertaking from the petitioner waiving future claims.

What did the court decide?

Termination order recalled; college to issue relieving letter, experience certificate, and settle benefits upon petitioner's undertaking to waive future claims.

Dr.M.Ananth Kumar Vs The Regional Officer — Writ and Judicial Review | Madras HC (2023)

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W.P.No.15739 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.06.2023

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CORAM:

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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W.P.No.15739 of 2019 and W.M.P.No.17088 of 2019

Dr.M.Ananth Kumar

... Petitioner

Vs.

1.The Regional Officer,

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All India Council for Technical Education, Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

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2.The Secretary,

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Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai – 602 105.

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3.The Principal,

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Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur,

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Sriperumbudur, Chennai – 602 105.

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4.The Secretary,

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Sri Venkateswara Educational and Health Trust, No.1/3A, River View Road,

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Kotturpuram, Chennai – 600 085.

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5.The Principal Secretary / Commissioner of Technical Education, Department of Technical Education, Chennai 600 025.

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https://www.mhc.tn.gov.in/judis 1/6

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W.P.No.15739 of 2019

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6.The Registrar,

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Anna University, Sardar Patel Road, Chennai 600 025. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the termination order dated 13.05.2019 issued by the third respondent terminating the petitioner from his service and be quashed as arbitrary and illegal and consequently, direct the 2^nd and 3^rd respondents to reinstate the petitioner as Associate Professor in the 2^nd and 3^rd respondents Institute with all arrears of salary from the date of his termination on 13.05.2019.

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For Petitioner : Mr.Thomas T.Jacob For Respondents : Ms.AL.Ganthimathi, Senior Counsel for Mr.AR.Karthik Lakshman for RR2 to 4 Mr.T.Chezhian, Addl. Government Pleader for R5 No appearance for R1 & R6

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O R D E R

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This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the termination order dated 13.05.2019 issued by the

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third respondent, terminating the petitioner from his service and be quashed as arbitrary and illegal and consequently, direct the 2^nd and 3^rd respondents to reinstate the petitioner as Associate Professor in the 2^nd and 3^rd respondents Institute with all arrears of salary from the date of his termination on 13.05.2019.

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https://www.mhc.tn.gov.in/judis 2/6

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W.P.No.15739 of 2019

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2. Though the petitioner has filed this writ petition challenging the termination order dated 13.05.2019, in the course of the arguments, the Court suggested that the issue can be given a quietus. Accordingly, the petitioner met the management and it has been agreed that the petitioner's termination order shall be recalled and a relieving letter together with a work experience certificate shall be provided, subject to the petitioner submitting an undertaking to the second respondent College to the effect that he shall not make any future claim or demand or initiate action of any kind whatsoever against the second respondent Institution, touching the issue concerning his employment with the second respondent Institution.

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3. The second respondent has also agreed that since the petitioner has attended work upto 25.01.2022, his services upto that date viz ., 25.01.2022 shall be reckoned for the purpose of his work experience certificate and also for calculation of terminal benefits such as provident fund and gratuity. It is also made clear that if the petitioner is liable to pay any dues to the second respondent Institution, the same shall be cleared across the undertaking being given by him to the second respondent. It is also agreed by the second respondent Institution that the relieving letter, work experience certificate and

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https://www.mhc.tn.gov.in/judis 3/6

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W.P.No.15739 of 2019

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gratuity payment shall be settled across the petitioner giving the undertaking to the second respondent Institution.

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4. With these observations and directions, the writ petition is closed. There shall be no mutual claims between the second respondent and the petitioner hereafter. The above mentioned directions shall be completed within a period of one week from today. No costs. Consequently, connected miscellaneous petition is closed.

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Index: Yes/No Speaking / Non Speaking Order gsk

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28.06.2023

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NOTE : Issue order copy on 30.06.2023.

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https://www.mhc.tn.gov.in/judis 4/6

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W.P.No.15739 of 2019

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1.The Regional Officer, All India Council for Technical Education, Southern Regional Office, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

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2.The Secretary, Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai – 602 105.

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3.The Principal,

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Sri Venkateswara College of Engineering, Post Bag No.1, Pennalur, Sriperumbudur, Chennai – 602 105.

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4.The Secretary,

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Sri Venkateswara Educational and Health Trust, No.1/3A, River View Road, Kotturpuram, Chennai – 600 085.

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5.The Principal Secretary / Commissioner of Technical Education, Department of Technical Education, Chennai 600 025. 6.The Registrar, Anna University, Sardar Patel Road, Chennai 600 025.

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https://www.mhc.tn.gov.in/judis 5/6

W.P.No.15739 of 2019

P.B.BALAJI, J.

gsk

W.P.No.15739 of 2019 and W.M.P.No.17088 of 2019

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28.06.2023

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https://www.mhc.tn.gov.in/judis 6/6

Dr.M.Ananth Kumar v. The Regional Officer

Case brief

What is this about?

What did the court decide?

Dr.M.Ananth Kumar v. The Regional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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