Assistant Professor (contract) terminated by Pondicherry University challenged the termination order in a writ petition. The court held the petition premature as an appeal to the Vice Chancellor was pending, disposed of it leaving contentions open and directed disposal of the appeal within three months.
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.
W.P.No.493 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2024
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.P No.493 of 2020 and WMP.No.576 of 2020
A.Suresh Poobathy
Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the issuance of termination order No. /PU/Estt.(T)/ET-5/2019-20-081 OFFICE ORDER NO 491 dated 28.11.2019 by the second respondent herein and quash the same consequently directing the respondents herein to appoint the petitioner as Assistant Professor (Maths)-on contract in Puducherry University Community College, Lawspet, Puducherry 605 014 and grant such other suitable relief.
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For Petitioner : M/s.G.Umashankar For Respondents : Mr.M.Ravi for R1 : Mr.A.V.Bharathi for R2
ORDER
The petitioner, who was punished with an order of termination by the impugned proceedings dated 28.11.2019 has filed this writ petition and challenged the same.
2. Heard, M/s.G.Umashankar, learned counsel for the petitioner and Mr.M.Ravi, learned counsel for the first respondent and Mr. A.V.Bharathi, learned counsel for the second respondent and perused the materials available on record.
3. At the time when the matter was called, Mr. A.V.Bharathi, learned counsel for the second respondent submitted that the petitioner has preferred an appeal to the 1st respondent and the same is pending.
4. Since the petitioner has filed this writ petition without exhausting the statutory remedy available to him and the appeal is alleged to have been filed by
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the petitioner is also pending, hence the writ petition is premature one.
5. In the result, this writ petition is disposed by leaving all other
contentions now raised by the petitioner open in order to be raised in the appeal. The respondent shall dispose the appeal preferably within a period of three months from the date of receipt of copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.
12.02.2024
Internet : Yes/No Speaking/Non- Speaking Neutral: Yes/No jrs
To
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W.P.No.493 of 2020
R.N.MANJULA, J. jrs
W.P No.493 of 2020 and WMP.No.576 of 2020
12.02.2024
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1 issue framed by the court
Whether the writ petition challenging a termination order was premature given the pending statutory appeal before the Vice Chancellor.
1 provisions across 1 enactments
A.Suresh Poobathy
The Vice Chancellor, Pondicherry University
The Registrar, Pondicherry University
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
