Allowed

The Correspondent, v. P.Latha

Madras HC19 Aug 2024WA(MD)/1049/2013

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the School's Writ Appeal seeking to overturn a prior order declaring termination void. While the court found the previous order violated natural justice, it held that no further adjudication on termination is needed due to the employee's resignation. Instead, the school was directed to issue an experience certificate.

What did the court decide?

The Writ Appeal is disposed of; the Appellant is directed to issue a suitable experience certificate to the First Respondent.

The Correspondent, Vs P.Latha — Service and Employment | Madras HC (2024)

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W.A(MD)No.1049 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND

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THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.A(MD)No.1049 of 2013 and

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M.P(MD) Nos.1 and 2 of 2013

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The Correspondent S.D.H. Jain Vidhyalaya Matriculation School, Thiruppalai, Madurai- 14 ... Appellant/2^nd Respondent .Vs. 1. P.Latha ..1^st Respondent/Writ Petitioner 2. The Inspector of Matriculation School Thallakulam, Madurai ..2^nd Respondents/ 1^st Respondent

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order passed by this Court in W.P(MD) No.7738 of 2005 dated 20.04.2011.

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1/5

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

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W.A(MD)No.1049 of 2013

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For Appellant : Mr.V.Janakiramulu For R1 : Mr.Ramsunarvijayraj for M/s.Veera Associates

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JUDGMENT

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(Judgment of the Court was delivered by P.VELMURUGAN.,J)

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The present Writ Appeal has been filed to set aside the order passed by this Court in W.P(MD) No.7738 of 2005 dated 20.04.2011

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The first respondent has challenged the termination order passed by the appellant in the writ appeal. The Writ petition was allowed on the ground that the order of termination was passed in violation of principles of natural justice. The first respondent has alternative remedy and without the availing alternate remedy, he has approached the Writ Court which is against law.

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On persual of the order of the learned Single Judge, it is seen that the order has been passed on the ground that the termination order has been passed

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2/5

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

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W.A(MD)No.1049 of 2013

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in violation of principles of natural justice which is against settled preposition of law. Even though alternative remedy is available, without availing the same he has filed the Writ Petition by invoking Article 226 of the Constitution of India. Hence, this Court finds that there is no perversity or infirmity in the order passed by the learned Single Judge.

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Now, the learned counsel appearing for the respondent submitted that the respondent has submitted his resignation letter before the appellant and the same was also accepted. Therefore nothing survives for further adjudication in the writ appeal . However learned counsel appearing for the respondent only seeks experience certificate from the appellant for the period in which he served in the appellant/school.

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In view of the same, the appellant is directed to issue suitable experience certificate to the first respondent for the period he served in the school.

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3/5

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

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W.A(MD)No.1049 of 2013

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6.With the above direction, the Writ Appeal stands disposed of. No costs.

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Consequently connected miscellaneous petitions are closed.

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[P.V.,J.] [K.K.R.K.,J.] 19.08.2024

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NCS : Yes/No Index : Yes / No Internet : Yes / No aav

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4/5

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

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W.A(MD)No.1049 of 2013

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P.VELMURUGAN, J. and K.K.RAMAKRISHNAN,J.

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aav

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W.A(MD)No.1049 of 2013

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19.08.2024

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5/5

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

The Correspondent, v. P.Latha

Case brief

What is this about?

What did the court decide?

The Correspondent, v. P.Latha

Case brief

What is this about?

What did the court decide?

What the court decided

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