CORRESPONDENT, ANAIKAR ORIENTAL (ARABIC) HIGHER SECONDARY SCHOOL Vs A. HAROON
Bench: J. CHELAMESWAR,PRAFULLA C. PANT
Case number: C.A. No.-012067-012067 / 2016
Diary number: 34514 / 2016
Advocates: SHAKIL AHMED SYED Vs
Page 1
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 12067 OF 2016 (Arising out of S.L.P. (Civil) 30610 of 2016)
Correspondent, Anaikar Oriental (Arabic) Higher Secondary School and Anr. …Appellants
Versus
A. Haroon and Anr. … Respondents
J U D G M E N T
Prafulla C. Pant, J.
Leave granted.
2. This appeal is directed against judgment and order dated
26.09.2016, passed by the High Court of judicature at Madras
in Writ Appeal No. 427 of 2016, whereby the Writ Appeal is
Page 2
Page 2 of 7
dismissed, affirming the order dated 20.03.2015 of learned
Single Judge of the High Court in Writ Petition No. 17838 of
2010.
3. Brief facts of the case are that respondent no.1 (writ
petitioner) was P.G. Assistant in Biology, with the minority
institution run by the appellants. It is pleaded by the
appellants that respondent no. 1 disobeyed the orders of the
Head Master (appellant no.2) and assaulted him. He not only
failed to organize Science Club in the year 2002-2003, but also
failed to submit Stock Register for the academic year
2006-2007. It is further alleged that he failed to submit
practical notebooks of students of class X1 (in 2007). It is
further alleged that in February, 2008 respondent no. 1
declined to hold XII standard Practical Examination. It is also
stated that respondent no. 1 did not comply with the
instruction of the Head Master to participate in rain water
harvest project. On 24.06.2008, respondent no. 1 said to have
hurled abuses at the Head Master, and assaulted him.
Page 3
Page 3 of 7
4. A charge memo was served on respondent no. 1 and he
was placed under suspension. After enquiry, his services were
terminated on 01.09.2008. He preferred an appeal before
respondent no. 2, i.e. Joint Director, School Education,
Chennai. Respondent no.1 simultaneously filed Writ Petition
No. 25980 of 2008 which was disposed of by the High Court on
03.11.2008 directing the second respondent to consider the
appeal filed by the respondent no. 1. Said order was later
modified on 24.03.2009, observing that if any appellate
tribunal is constituted, respondent no. 2 shall direct the
respondent no. 1 to approach such authority. Finally,
respondent no. 2 considered the appeal and dismissed the
same, vide order dated 09.06.2010, and regard being had to
the conduct of the employee it was held that there was no
illegality in the termination order. On this respondent no. 1
filed Writ Petition No. 17838 of 2010, challenging the order of
termination, and the order passed by the appellate authority
(respondent no. 2).
Page 4
Page 4 of 7
5. Learned Single Judge of the High Court allowed the above
writ petition, vide order dated 20.03.2015, holding that the
principles of natural justice have not been followed in the
present case. It is observed that management cannot act as
complainant, prosecution and judge. The Division Bench, vide
impugned order, affirmed the order passed in the writ petition
No. 17838 of 2010.
6. This court, on 28.10.2016, after hearing the learned
counsel for the parties, passed following order in the Special
Leave Petition (c) No. 30610 of 2016 ( from which this appeal
has arisen).
“As prayed on behalf of the respondents, let the matter be listed after two weeks.
Till the next date, contempt proceedings, if any, arising from the Impugned order shall remain stayed.
We may record here that there is a proposal made on behalf of the petitioners for a lump sum monentary payment between 40 to 50 lakhs by way of golden hand shake instead of reinstatement and back wages. Learned counsel for the respondent shall seek instruction on this issue”.
Page 5
Page 5 of 7
7. On 05.12.2016, when this matter was taken up, Shri
Raju Ramachandran, Senior Advocate, on behalf of the
appellants submitted that the appellants are ready to pay
lump sum amount maximum to the extent of Rs.50 lacs to
respondent no. 1 by way of golden hand shake for
reinstatement and back wages, to which Shri Neeraj Shekhar,
learned counsel for respondent no. 1, responded by saying
that he leaves it to the discretion of this Court. We think it
relevant to mention here that it is not clear from the record
that respondent no. 1 did not get engaged in some other
employment after termination of service.
8. In view of the above, considering the facts and
circumstances of the present case, particularly the fact that
the respondent no. 1 has lost the confidence of management
(appellants), we are of the opinion that the order of
reinstatement with back wages can be substituted by
directing the appellants to pay Rs.50 lacs as lump sum
amount of compensation to respondent no. 1, which appears
to be just and proper.
Page 6
Page 6 of 7
9. Accordingly, this appeal is disposed with direction to the
appellants to pay compensation of Rs.50 lacs to respondent
no. 1 within a period of two months from the date of this
order. In case the payment is made as directed above, the
order of reinstatement and back wages shall stand set aside
and the impugned order passed by the High Court shall stand
interfered with and modified to the extent as above, failing
which the appeal shall stand dismissed. No order as to costs.
……………….....…………J. [J. Chelameswar]
.……………….……………J. New Delhi; [Prafulla C. Pant] December 14, 2016.
Page 7
Non-Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 12067 OF 2016 (Arising out of S.L.P. (Civil) 30610 of 2016)
Correspondent, Anaikar Oriental (Arabic) Higher Secondary School and Anr. …Appellants
Versus B. Haroon and Anr. … Respondents
O R D E R
When the judgment is delivered, learned counsel
appearing for the appellants prays for time to make payment in
terms of the judgment delivered today.
Heard learned counsel for the respondent(s).
In the circumstances, we deem it appropriate to permit
the appellants to pay the amount mentioned in the judgment in
three equal monthly instalments, the first of which shall be
payable on or before 10th January, 2017. The other two
instalments shall be paid on or before 10th of other succeeding
months.
……………….....…………J. [J. Chelameswar]
.……………….……………J. New Delhi; [Prafulla C. Pant] December 14, 2016.