Pes University vs Dr Muralidhara K
2022 Latest Caselaw 7390 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 24TH DAY OF MAY, 2022

                          PRESENT

           THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND
             THE HON'BLE MS.JUSTICE J.M.KHAZI

               W.A.NO.508 OF 2020 (S-RES)
                           IN
               W.P.NO.8448/2020 (S-RES)
                          C/W
               W.P.NO.9557/2020 (S-RES)

BETWEEN:

PES UNIVERSITY
100 FEET RING ROAD,
BANASHANKARI III STAGE,
BENGALURU - 560 085

REPRESENTED BY ITS
VICE CHANCELLOR,
MR. J.SURYA PRASAD.
                                          ... APPELLANT
(BY SMT. KRITHIKA, ADVOCATE FOR
    SRI. ANAND K.R., ADVOCATE)
AND:

DR MURALIDHARA K
S/O KRISHNA MURTHY K S,
ASSISTANT PROFESSOR IN PHYSICS
DEPARTMENT OF SCIENCE AND
HUMANITEIS
PES UNIVERSITY,
100 FEET RING ROAD,
BANASHANKARI III STAGE,
BENGALURU - 560 085.
                                   2


RESIDING AT
NO.22, SAI VIEW LAYOUT,
VIRGONAGAR P.O.,
BENGLURU - 560 049.
                                                 ...RESPONDENT

(BY SRI. V LAKSHMI NARAYANA, SENIOR COUNSEL FOR
    SMT/MISS ANUSHA L, ADVOCATE)

      THIS WA IS FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER
DATED 06.07.2020 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.8448/2020 [S-RES] AND COMMON INTERIM ORDER
DATED 10/09/2020 PASSED IN W.P.NO.9557/2020 [S-RES], IN
THE INTEREST OF JUSTICE AND EQUITY.

      THIS WA COMING ON FOR FINAL HEARING THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                          JUDGMENT

This intra court appeal has been filed against the Interim

order dated 06.07.2020 passed in W.P.No.8448/2020 (S-Res)

and common interim order dated 10.09.2020 passed in

W.P.No.8448/2020 c/w W.P.No.9557/2020 (S-Res).

2. During the pendency of the appeal, the parties have

arrived at settlement and has produced a memorandum of

settlement duly signed by the parties. The terms and conditions

are reproduced for the specification of this Court:

"1. The Respondent admits that this settlement is entered into voluntarily and on his own freewill on agreeing to the terms and conditions as mentioned herein.

2. The Appellant on this day paid a sum of Rs.4,75,554/- (Rupees four lakhs seventy five thousand five hundred and fifty four only) vide Demand Draft No.140265 dated 25.04.2022 drawn on Union Bank, PESIT Branch, in favour of the Respondent herein in full and final settlement of all reliefs as sought by him in Writ Petition No.8448/2020 connected with Writ Petition No.9557/2020. Such payment is made by the Appellant to the Respondent in lieu of all reliefs sought by the Respondent in Writ Petition No.8448/2020 connected with Writ Petition No.9557/2020.

3. The Respondent Dr.Muralidhara.K.

acknowledges the sum of Rs.4,75,554/- (Rupees four lakhs seventy five thousand five hundred and fifty four only) paid to him on this day before this Hon'ble Court by the Appellant vide Demand Draft

No.140265 dated 25/04/2022 drawn on Union Bank, PESIT Branch, in full and final settlement of all reliefs as sought by him in Writ Petition NO.8448/2020 connected with Writ Petition No.9557/2020. Such payment made by the Appellant is received by the Respondent in lieu of all reliefs sought by the Respondent in Writ Petition No.8448/2020 connected with Writ Petition No.9557/2020.

4. In view of this full and final settlement the Respondent shall not, on any date in future file any fresh complaint/petition/appeal before any court of law questioning the order of termination dated 15-06-2020 and 12-08-2020n and/or seek for any Additional Relief monetary or otherwise from the Appellant herein either for the period of service rendered or thereafter.

5. In view of this full and final settlement which is also in lieu of all reliefs including relief of reinstatement as sought by the Respondent in Writ Petition No.8448/2020 connected with Writ Petition No.9557/2020, the Respondent shall also give up the prayer for reinstatement, re-employment and/or fresh employment in the Appellant Education Institution on any date in future. The Order of Termination w.e.f. 11/08/2020 shall be converted

into resignation. The Respondent would submit a formal resignation. As a special case, the Appellant shall be issued with a Service Certificate and Relieving Order as if he has served the Appellant up to date. At the same time, issuance of such a Certificate and Order shall not entitle the Respondent to claim back wages and/or any other benefits from 11/08/2020 till date except as mentioned at para 2 of this settlement which shall be in full and final settlement of all his dues with the Appellant Institution/University.

6. In view of this settlement relationship of Employer-Employee between the Appellant Educational Institution and the Respondent herein, cannot be revived."

3. Learned counsel for appellant has handed over the

Demand Draft for a sum of Rs.4,75,554/- (Rupees Four Lakhs

Seventy Five Thousand Five Hundred and Fifty Four only) to the

learned counsel for respondent.

4. In view of settlement arrived at between the parties,

the Writ Appeal is disposed of in terms of settlement arrived at

between the parties.

5. It is further held that W.P.No.8448/2020 (S-Res) c/w

W.P.No.9557/2020 (S-Res) do not survive for consideration, in

view of the compromise arrived at between the parties.

Accordingly, writ appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RR