The Correspondent vs P.Latha ..1St
2024 Latest Caselaw 16009 Mad

Madras High Court

The Correspondent vs P.Latha ..1St on 19 August, 2024

Author: P.Velmurugan

Bench: P.Velmurugan

                                                                                  W.A(MD)No.1049 of 2013


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 19.08.2024

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN
                                                    AND
                                  THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

                                            W.A(MD)No.1049 of 2013
                                                     and
                                           M.P(MD) Nos.1 and 2 of 2013

                 The Correspondent
                 S.D.H. Jain Vidhyalaya Matriculation School,
                 Thiruppalai,
                 Madurai- 14                                      ... Appellant/2nd Respondent


                                                       .Vs.


                 1. P.Latha                                      ..1st Respondent/Writ Petitioner

                 2. The Inspector of Matriculation School
                    Thallakulam, Madurai                        ..2nd Respondents/ 1st Respondent


                 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.




                 1/5

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                                                                                       W.A(MD)No.1049 of 2013




                                    For Appellant         : Mr.V.Janakiramulu

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


                                                      JUDGMENT

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

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

2. 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.

3. 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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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.

4. 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.

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

Consequently connected miscellaneous petitions are closed.

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


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






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


                                                            aav









                                                19.08.2024





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