1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4575 of 2011 Dr.R.Jayaraman, S/o.T.V.R.V.Radhakrishnan, Professor and Head of the Department of Entrepreneurship Studies, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021. : Petitioner Vs. The Madurai Kamaraj University, Represented by its Registrar, Palkalai Nagar, Madurai-625 021. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent to regularize the suspension period from 10.01.2008 to 15.03.2009 and disburse the attending consequential benefits including pay arrears, increment, Senior Professorship, Head and Coordinator-ship and pay commission arrears. For Petitioner : Mr.G.R.Swaminathan For Respondent : Mr.Isaac Mohanlal ORDER ****** Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. The learned counsel appearing for the respondent states that the respondent is not going to file a counter and the orders that will be passed will be complied with. Hence, the matter is taken up for hearing and orders are passed accordingly. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondent to regularize the suspension period from 10.01.2008 to 15.03.2009 and disburse the attending consequential benefits including pay arrears, increment, Senior Professorship, Head and Coordinator-ship and pay commission arrears. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The short facts, which are necessary for the disposal of the Writ Petition, as stated in the affidavit filed in support of the Writ Petition, are stated hereunder: (a) The petitioner joined the respondent University as Lecturer in the year 1980. He was subsequently appointed as a Reader and then, as a Professor. On certain false allegations, he was suspended from service. A charge memo was also issued to him. Later, he was removed from his position as Head of the Department. The petitioner was constrained to file a Writ Petition before this Court, challenging the same and the same was dismissed. Therefore, the petitioner filed a Special Leave petition before the Hon'ble Supreme Court. (b) In the meanwhile, an enquiry was initiated against him. A Retired Judge of this Court was appointed as Enquiry Officer. The Enquiry Officer has conducted the enquiry and submitted a report exonerating him from all the charges levelled against him. The enquiry report was placed before the Syndicate on 26.02.2009. The Syndicate duly approved the report. (c) Later on, it was resolved in the Syndicate to revoke the order of suspension and the petitioner was reinstated as Professor and Head of the Department of Entrepreneurship Studies. However, till date, his service grievances have not been redressed. He was placed under suspension from 10.01.2008 to 15.03.2009. The said period was not regularized. The petitioner is under the verge of superannuation and he is attaining the age of superannuation on 30.09.2011. Therefore, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5. Considering the above facts and circumstances, which is not being disputed by the respondent, I am of the considered view that the respondent shall regularize the suspension period of the petitioner from 10.01.2008 to 15.03.2009 and disburse the consequential benefits to the petitioner. Thus, the Writ Petition stands allowed. The respondent shall regularize the suspension period of the petitioner from 10.01.2008 to 15.03.2009 and disburse all the consequential benefits to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021 +One cc to M/s.Isaac Mohanlal, Advocate, SR.No.17708 SML rl/3c – 20.6.2011 Order made in W.P.(MD)No.4575 of 2011 Dated: 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/