Dismissed¶30

Subramanian v. The Registrar

Madras HC9 Jul 2025WA(MD)/560/2020

Case brief

AI extract

What is this about?

W.A.(MD)No.560 of 2020; Madurai Kamaraj University; back wages; suspension period from 27.08.1990; regularization of service; University Resolution dated 08.04.2004; new relief in writ appeal over and above writ petition not permissible; back wages for termination period not claimable when not raised or decided in writ petition; Clause 15 Letters Patent appeal dismissed; no costs; decision dated 09.07.2025.

What did the court decide?

Since the relief sought in the writ petition was granted by the writ Court, the writ petitioner-appellant cannot seek, by way of appeal, back wages for the period of termination, as that was not raised as an issue nor decided by the writ Court. ¶30

Subramanian Vs The Registrar — Madras HC (2025) — LawSathi Research

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W.A.(MD)No.560 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.A.(MD)No.560 of 2020

Subramanian

... Appellant

-Vs-

1.The Registrar, Madurai Kamaraj University, Madurai.

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2.The Vice Chancellor, Madurai Kamaraj University, Madurai.

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3.The Director of Local Fund Audit, Kuralagam, Ivth Floor, Chennai-18.

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... Respondents

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PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 20.09.2018 made in W.P.(MD)No.20143 of 2018 on the file of this Court.

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Page 1 of 4

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

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W.A.(MD)No.560 of 2020

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For Appellant : Mr.S.M.A.Jinnah For R1 : Mr.S.Kathiravan For R2 : No Appearance For R3 : Mr.V.Om.Prakash, Government Advocate

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JUDGMENT

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[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J. ]

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This Writ Appeal has been instituted, challenging the order of the writ Court dated 20.09.2018 made in W.P.(MD)No.20143 of 2018.

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2.The writ petitioner is the appellant before this Court. The Writ Petition has been instituted, seeking for a direction to the respondents to pay the back wages of the regularized services of the writ petitioner for the period of suspension ie., from 27.08.1990 till retirement by considering the writ petitioner's representation dated 20.07.2018.

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3.The writ Court itself granted relief by passing the following order:-

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“4.In the light of the order passed by this Court in W.P. (MD)No.10382 of 2007, dated 26.11.2008, this Writ Petition is disposed of with a direction to the respondents to regularize the

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Page 2 of 4

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

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W.A.(MD)No.560 of 2020

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service of the petitioner for the period during which he was under suspension and pay him the back wages for the said period as per the Resolution of the University dated 08.04.2004, within a period of two months from the date of receipt of a copy of this order. However, it is made clear that the petitioner shall not be entitled for back wages for the period during which he was under order of dismissal. No costs.”

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4.Since the relief as such sought for in the Writ Petition has been granted by the writ Court, by preferring an appeal the writ petitioner cannot seek back wages for the period of termination, which has not been raised as an issue nor decided by the writ Court. New relief in the Writ Appeal over and above the relief sought for in the Writ Petition cannot be granted by this Court, which requires an adjudication and thus, this Writ Appeal stands dismissed. No costs.

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[S.M.S, J.] & [A.D.M.C., J.] 09.07.2025

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NCC : Yes / No Index : Yes / No

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Yuva

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The Director of Local Fund Audit, Kuralagam, Ivth Floor,

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Chennai-18.

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