Madras High Court
Dr.Ra. Ramesh vs The State Of Tamil Nadu on 23 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3081 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2024
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR,
and
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.A.No.3081 of 2024
and
C.M.P No.23338 of 2024
Dr.Ra. Ramesh ... Appellant
Vs.
1. The State of Tamil Nadu,
Rep. by its Principal Secretary,
Department of Higher Education,
Fort St. George, Chennai 600 009.
2. The Tamil Nadu Open University,
Rep. by its Registrar, Anna Salai,
Saidapet, Chennai 600 015. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act
1865, praying to set aside the order passed by this court in W.P.No.19872 of
2024 dated 16.07.2024.
Page 1 of 7
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W.A.No.3081 of 2024
For the Appellant : Mr.Godson Swamy Nathan
for M/S.Issak Chambers
For the Respondents : Mr.D.Ravichaner,
Special Government Pleader.
JUDGMENT
(Order of the Court was made by D.KRISHNAKUMAR, J. )
Assailing the order passed by the learned single Judge in
W.P.No.19872 of 2024, dated 16.07.2024, the writ petitioner has filed the
present appeal.
2. According to the appellant/ writ petitioner, he has been working as
Deputy Registrar in the second respondent and due to his health issues, he
gave a letter dated 01.06.2023 requesting respondent to place his request for
Voluntarily retirement before the Syndicate. It is further case of the
appellant that, even though he made several representations, the second
respondent was silent on his application for voluntary retirement.
Subsequently, vide communication dated 30.08.2023, the second
respondent informed the appellant that, while processing the application,
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certain remarks have been received from Administration, Finance & Audit
and Examinations Sections and without getting clearance on those remarks,
his application under voluntary retirement scheme could not processed.
Hence, he filed the writ petition seeking direction to the second respondent
University to forthwith discharge the petitioner from Service, based on his
application for voluntary retirement dated 01.06.2023. Learned Single
Judge, observed that instead of challenging said communication dated
30.08.2023, the appellant has filed the writ petition and hence dismissed the
writ petition, however granted liberty to the appellant to challenge the said
rejection order dated 30.08.2023.
3. Learned counsel for the appellant submitted that the application
filed by the appellant seeking voluntary retirement was rejected by the
University for administrative findings that clearance have to be obtained on
the remarks made by the concerned sections. Learned counsel further
submitted that the procedure for getting remarks and obtaining clearance
on the said remarks from the concerned sections are all coming under the
administrative power of the University and hence, it is for the University to
get the clearance from the concerned sections and to pass orders on the
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application submitted by the appellant seeking voluntary retirement. As
such, it is contended by him that the application made by the appellant
cannot be rejected by the University on the ground that without getting
clearance on the remarks, application could not be processed. He also
submitted that as per Rule 56(3)(e & f) of Tamil Nadu Fundamental Rights,
the appellant is entitled to relieve from service on voluntarily retirement.
4. Mr.D.Ravichander, learned Special Government Pleader appearing
for the respondents seeks time to get the clearance on the remarks from the
concerned sections and to pass appropriate order on the application made by
the appellant.
5. Considering the above submission made by the counsel on either
side, we inclined to dispose of the writ appeal as follows.
i) The second respondent is directed to get the clearance on the
remarks from the concerned sections within two weeks from the date of
receipt of a copy of this order and pass appropriate orders on the application
made by the appellant dated 16.07.2024, on its own merits and in accordance
with law, within two weeks thereafter.
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ii) Though it is contended by the learned counsel for the appellant that
the appellant is entitled for voluntary retirement under Rule 56(3)(e & f) of
Tamil Nadu Fundamental Rights, we are not inclined to go into the above
aspect and it is for the respondent University to take appropriate decision in
this regard.
6. Accordingly, this writ appeal is disposed of. There shall be no
order as to costs. Connected CMP No.23338 of 2024 is closed.
(D.K.K.J.) (P.B.B.J.)
23.10.2024
Internet: Yes/No
Index : Yes/No
mst
To
1. The Principal Secretary, State of Tamil Nadu
https://www.mhc.tn.gov.in/judis
Department of Higher Education,
Fort St. George, Chennai 600 009.
2. The Registrar, Tamil Nadu Open University,
Anna Salai, Saidapet,
Chennai 600 015.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
mst
23.10.2024
https://www.mhc.tn.gov.in/judis
