An employee permanently absorbed by Anna University as Senior Technical Assistant challenged Syndicate resolutions reverting him and seeking his return to MTC. The Division Court concurred with the Single Judge, setting aside reversion and return-to-MTC resolutions while upholding action against erring Personnel Section officials.
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.
2024:MHC:2710
WA No.978 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-07-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
WA No.978 of 2021 And CMP No.6070 of 2021
R.Kumarakrishnan .. Appellant
-vs-
2.The Registrar, Anna University, Chennai-600 025. .. Respondents
Writ Appeal is preferred under Clause 15 of the Letters Patent against
the order passed by this Court in WP No.33252 of 2004 dated 17.12.2020.
For Appellant : Mr.R.Kannan
For Respondents : Mr.Avinash Wadhwan
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J U D G M E N T
[JUDGMENT OF THE COURT WAS DELIVERED
BY S.M.SUBRAMANIAM, J.]
The writ order dated 17.12.2020 is sought to be assailed by the petitioner in the present Intra Court Appeal.
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University, the Metropolitan Transport Corporation (MTC) relieved the appellant permanently from their services. Thereafter the lien of the appellant with MTC had been severed.
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issues with reference to the facts put forth between the parties.
“8. In that view, the order impugned in this writ petition is set aside, more particularly, second resolution i.e., Metropolitan Transport Corporation Limited to take back Thiru.R.Kumara Krishnan from University Service. However, insofar as resolution Nos.1 and 3 are concerned, the respondents at liberty to take action against the petitioner in the manner known to law and not by merely passing resolution. Accordingly, this writ petition is partly allowed. However, there shall be no order as to costs.”
is scope for reading the relief granted by the Writ Court in different manner. Thus, the appellant has chosen to file the present Writ Appeal.
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stating that the resolutions passed by the Syndicate were set aside and liberty was granted to University to initiate action against those erred officials in Personnel Section.
resolution dated 29.10.2004, which is impugned in the writ proceedings.
of Junior Technical Assistant from the post of Senior Technical Assistant, since he was permanently absorbed in the post of Senior Technical Assistant. In other words, an employee cannot be reverted back to a lower post to the post in which he was initially appointed. Thus reversion, per se, is violative on the established principles of Service Jurisprudence. In respect of second resolution, addressing a letter to MTC would not arise at all. There is no lien between the appellant and MTC. Metropolitan Transport Corporation permanently relieved the appellant based on the absorption order issued by the University. Thus, second Resolution also is improper.
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of the University.
However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(S.M.SUBRAMANIAM,J.) (C.KUMARAPPAN,J.)
15-07-2024
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn
To
1.The Registrar, Syndicate of the Anna University, Chennai-600 025.
2.The Registrar, Anna University, Chennai-600 025.
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S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
Svn
WA 978 of 2021
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WA No.978 of 2021
15-07-2024
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2 issues framed by the court
Whether an employee permanently absorbed as Senior Technical Assistant can be reverted to Junior Technical Assistant by Syndicate resolution.
Whether resolutions directing MTC to take back the absorbed employee and action against Personnel Section officials were sustainable.
R.Kumarakrishnan
The Syndicate of the Anna University Represented by its Registrar, Chennai-600 025
The Registrar, Anna University, Chennai-600 025
S.M. Subramaniam
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
