Madras High Court
Tarmon E.Fernandez vs The Secretary To Government on 29 July, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.P.No.2417 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.2417 of 2016
and
W.M.P.No.2103 of 2016
Tarmon E.Fernandez ... Petitioner
-vs-
1.The Secretary to Government
of Tamil Nadu,
School Education Department,
(Second Appellate Authority under
Section 22 A of the Code of Regulations for
Matriculation Schools,)
Fort St.George,
Chennai – 600 009.
2.The Director,
Board of Matriculation Schools,
(First Appellate Authority),
DPI Complex, College Road,
Chennai – 600 006.
3.The Correspondent,
Don Bosco Matriculation Higher Secondary School,
Egmore, Chennai – 600 008. ... Respondents
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.2417 of 2016
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India praying to issue a writ of certiorarified mandamus calling
for the records and quash the Letter No. 33402 / Po.Nu.2 / 2013-3
dated 12.12.2014 issued by the 1st Respondent read with orders
Na.Ka.No. 4894 / AA2 / 2012 dated 2.08.2013 and 13.07.2012
issued by the 2nd and 3rd Respondents and direct the 3rd
Respondent to pay the full salary and emoluments for the suspension
period of twenty months with all other consequential benefits such
as regularization of the twenty months suspension period, sanction
of the three increments due and consequent revision of terminal
benefits and pension
For petitioner : Mr.D.Nagasaila
For respondents : Mrs.Rajarajeswari,
Government Advocate, for R1 &R2
Mr.D.Ferdinand, for R3
*****
ORDER
Today, a joint memo of compromise has been filed. It is seen that the parties have negotiated and settled their dispute. The terms Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2417 of 2016 of compromise has been reduced into writing which reads as follows:
“I. Without getting into the merits of the issue and the charges framed as against the writ petitioner herein, taking into consideration the service rendered by the writ petitioner and the request made him, the 3rd respondent management has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner towards as one time full and final settlement amount, in respect of the demand made by the writ petitioner vide RTGS to the bank account of the petitioner.
II. The petitioner upon receipt of Rs.5,00,000/- (Rupees Five Lakhs only), doth hereby admit and acknowledge the same and relinquished the 3rd respondent from any further payment thereof.
III. The petitioner having received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) from the 3rd respondent, shall not have any manner of claim or rights in connection to the issues or Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2417 of 2016 claim made in the writ petition.
IV. The petitioner further undertakes that neither him nor any of his family members shall make any attempts to re-agitate the same issues or seek for the reliefs sought for in the writ petition in any other proceedings.”
2. This joint memo of compromise is taken on file.
Accordingly, this writ petition is disposed of in terms of the joint Memorandum of Compromise dated 26.07.2024. The terms of joint Memorandum of Compromise dated 26.07.2024 signed by the learned counsel for the petitioner and the 3rd respondent shall form part and parcel of this judgment and decree. Connected W.M.P. stands closed. No costs.
29.07.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.2417 of 2016 To
1.The Secretary to Government of Tamil Nadu, School Education Department, (Second Appellate Authority under Section 22 A of the Code of Regulations for Matriculation Schools,) Fort St.George, Chennai – 600 009.
2.The Director, Board of Matriculation Schools, (First Appellate Authority), DPI Complex, College Road, Chennai – 600 006.
3.The Correspondent, Don Bosco Matriculation Higher Secondary School, Egmore, Chennai – 600 008.
Page 5 of 6https://www.mhc.tn.gov.in/judis W.P.No.2417 of 2016 P.T.ASHA, J., ssa W.P.No.2417 of 2016 29.07.2024 Page 6 of 6 https://www.mhc.tn.gov.in/judis