Madras High Court
The Secretary & Correspondent vs C.Anbalagan on 11 October, 2023
2023/MHC/4669
W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
1707 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 & 1707 of 2023
and
C.M.P.(MD) Nos.12464, 12826, 12830, 13251, 13257 & 13015 of 2023
W.A.(MD) No.1605 of 2023:
The Secretary & Correspondent
KLN College of Information Technology
Pottapalayam
Manamadurai Taluk
Sivagangai District-630 612 ... Appellant
-vs-
1.C.Anbalagan
2.The Principal Secretary to Government
Syndicate Member, Anna University
Higher Education Department
Government of Tamil Nadu
Secretariat, Chennai-600 009
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W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
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3.The Administrative Head
AICTE, Nelson Mandela Marg
Vasant Kunj
New Delhi-110 070
4.The Regional Director
AICTE, Southern Regional Office
Shastri Bhavan
26, Haddows Road
Nungambakkam, Chennai ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 08.06.2023, passed in W.P.(MD) No.22395 of 2022, on the file of
this Court.
For Appellant : Mr.R.G.Shankar Ganesh
For Respondents : Mr.K.Krishna for R1
Mr.D.Sadiq Raja
Additional Government Pleader for R2
COMMON JUDGMENT
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
These writ appeals are directed against the orders of the learned
Single Judge, dated 08.06.2023, passed in W.P.(MD) Nos.22395, 22397,
22393, 22399, 22394 & 22398 of 2022.
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2. The appellant is K.L.N.College of Information Technology. It is
brought to our notice that the said College has already been closed and is not
functioning as of now. The respondent – employees filed writ petitions stating
the terminal benefits due to them have not been settled by the Management of
the appellant – College. The representations submitted by the respondent –
employees to settle the terminal benefits were not responded and thus, the
writ proceedings were instituted seeking a direction the Management of the
appellant – College and also the official respondents to consider the
respondent – employees' representations and pass final orders.
3. Taking into consideration the plight of the respondent –
employees, the learned Single Judge discussed the issues with reference to the
All India Council for Technical Education (Redressal of Grievance of Faculty /
Staff Member) Regulations, 2021 and directed the Management of the
appellant – College to settle the respondent – employees' terminal benefits.
The said order is under challenge before us.
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W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
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4. Learned counsel appearing for the appellant – College has filed
a Memo, dated 03.10.2023, stating that the Management is ready to settle the
gratuity amount to the respondent – employees as detailed below:
5. Learned counsel appearing for the respondent – employees
made a submission that the other claims have not been included in the above
details furnished by the appellant – College.
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W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
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6. The writ petitions itself were filed seeking a direction to the
Management of the appellant – College and the official respondents to consider
the representations of the respondent – employees and settle the pending
terminal benefits. Therefore, we are not inclined to go into the merits of the
case. More so, the learned Single Judge has considered the issues on merits
and directed the Management to settle the admitted dues and now, the
Management of the appellant – College has come forward to settle the dues.
7. That being the factum, the Management of the appellant –
College is directed to settle the dues to the respondent – employees, as per the
Memo dated 03.10.2023, within a period of four weeks from the date of receipt
of a copy of this Judgment.
8. The respondent – employees are at liberty to approach the
Grievance Redressal Committee under the All India Council for Technical
Education (Redressal of Grievance of Faculty / Staff Member) Regulations,
2021 setting out their grievances, if any exist, for its redressal in the manner
known to law.
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W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
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9. With the above directions, the writ appeals are disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S., J.] [V.L.N., J.]
11.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Principal Secretary to Government,
Syndicate member, Anna University,
Higher Education Department,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
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W.A.(MD) Nos.1605, 1663, 1664, 1676, 1677 &
1707 of 2023
S.M.SUBRAMANIAM, J.
and
V.LAKSHMINARAYANAN, J.
krk
W.A.(MD) Nos.1605, 1663, 1664,
1676, 1677 & 1707 of 2023
and
C.M.P.(MD) Nos.12464, 12826,
12830, 13251, 13257 & 13015 of
11.10.2023
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https://www.mhc.tn.gov.in/judis
