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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
C.Joseph Premnath – Appellant
Versus
Director, Directorate of Employment and Training – Respondent
ORDER :
T. Vinod Kumar, J.
Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader for the first respondent, learned counsel for the second respondent and the learned counsel for the fourth respondent and perused the records.
2. The case of the petitioner in brief is that the third respondent had caused an advertisement calling for applications for the post of Director in Katpadi Industrial Institution; that in response to the aforesaid advertisement, he had applied and was selected after interview and was appointed as Director with effect from 23.10.2012; that his appointment was approved by the first respondent vide proceedings dated 05.04.2013.
3. It is the further case of the petitioner that though his appointment order dated 22.10.2012 mentioned that he would be put under regular salary structure, but, the same was not fixed or finalized; that despite his regular salary was not fixed, he had performed the duty with utmost integrity leading to development of the Institution in production wise and admission of students; that prior to his joining in the institution, was in financial crisis, which was handled by him carefully and solved almost al
The court held that employment in aided institutions is governed by contract law unless statutory provisions apply, making the writ petition non-maintainable for internal disputes.
The court affirmed that writ jurisdiction under Article 226 is not maintainable when an alternative statutory remedy exists, particularly in private employment disputes.
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....
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
The relationship between employees and a private unaided educational institution is governed by ordinary contract law, not public employment principles, thus no lien on the post can be claimed after ....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
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