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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
M. Parthasarathi Selva Ganesan – Appellant
Versus
P.L.W.A. Higher Secondary School Committee, Rep. by its Secretary – Respondent
| Table of Content |
|---|
| 1. termination and appointment issues involving mr. a.s. edwin suthan and mr. parthasarathi selva ganesan. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. submissions regarding illegality of terminations, compliance with court orders, and authority approval. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. court's findings on the legality of termination and approval of appointments. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. legal principles around contempt proceedings and the maintenance of jurisdiction. (Para 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
Since the issues involved in all these three proceedings are intertwined, they are tagged together and a common order is being passed.
2.One Mr.A.S.Edwin Suthan was appointed as a Physical Education Teacher on 29.11.2008 in the retirement vacancy of Mr.S.Ganesamoorthy in Papanasam Labour Welfare Association Higher Secondary School, Vickramansingapuram. Based on certain complaints as against the Physical Education Teacher, a memo was issued to him on 02.02.2009. Based upon the enquiry, the said A.S.Edwin Suthan was issued with a termination order by the School Management on 20.02.2
Termination of services during probation must have prior approval from the educational authority, and lack of compliance renders such termination unlawful.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The court upheld the merit-based selection process for Headmaster and ruled that accepted resignations cannot be retracted.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
Service Law - Appointment order issued by a person not authorized to do the same would be nullity and not an irregularity.
The main legal point established in the judgment is that a minority institution is governed by some provisions of the Act and Rules, and the prior approval from the competent authority for terminatio....
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the a....
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