2025:KER:29194 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 1117 OF 2025 PETITIONERS: 1 CHINTU MARIA THOMAS AGED 34 YEARS, D/O M.A THOMAS ADHIKARAM HOUSE, PLASSANAL PO PANAKKAPALAM, KOTTAYAM DISTRICT, PIN – 686579. 2 RENJU RENJITH AGED 27 YEARS, D/O RENJITH M RENJITH BHAVAN, PONKUNNAM PO PONKUNNAM KOTTAYAM DISTRICT, PIN – 686506. BY ADVS. ABDUL HAMEED RAFI AJIT JOY VARGHESE K.P. RESPONDENTS: 1 THE REGISTRAR APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS, THIRUVANANTHAPURAM, PIN – 695016. W.P.(C)No.1117 of 2025 :2: 2025:KER:29194 2 THE PRINCIPAL MANGALAM COLLEGE OF ENINEERING MANGALAM HILLS, VETTIMUKAL PO KOTTAYAM, PIN – 686631. 3 THE CHAIRMAN MANGALAM COLLEGE OF ENGINEERING MANGALAM HILLS, VETTIMUKAL PO KOTTAYAM, PIN – 686631. BY ADV.SRI. K.R. GANESH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.1117 of 2025 :3: 2025:KER:29194 J U D G M E N T Dated this the 3rd day of April, 2025 The petitioners state that they were Assistant Professors at the 2nd respondent's Institution. Petitioners 1 and 2 joined the Institution on 29.06.2023 and 12.12.2022 respectively without being issued formal appointment letters. 2. On 23.12.2023, the respondents forcefully made the petitioners to enter into a unilateral and unlawful agreement preventing the petitioners from resignation. Due to non-compliance of agreement conditions, poor working environment, low salary and mental harassment, the petitioners submitted resignations on 03.09.2024 which were not accepted without any valid reason, contend the petitioners. 3. The petitioners state that they succeeded in finding new job as Assistant Professors in another College and W.P.(C)No.1117 of 2025 :4: 2025:KER:29194 sought relieving orders to join the new college. The College authorities again refused to relieve and threatened with legal action based on the above unilateral agreement. The petitioners submitted resignations for the second time on 13.12.2024 in order to take better employment in another Institution and left the College without obtaining the relieving order and respective documents. 4. I have heard the learned Counsel for the petitioners and the learned Standing Counsel representing the University. Though notice was issued to respondents 2 and 3, there is no appearance on behalf of respondents 2 and 3. 5. Counsel for the petitioners submits that a formal appointment order was not issued to the petitioners when they were appointed as Assistant Professors. However, an agreement was made to be signed by them. The agreement insisted that the petitioners should not submit resignation during W.P.(C)No.1117 of 2025 :5: 2025:KER:29194 the course of an academic year. 6. The petitioners state that they were not paid wages at the rates agreed and the College Authorities were violating almost all the terms of the agreement entered into by them. It is in such circumstances that the petitioners submitted their resignation on 13.12.2024. The academic year was to end on 12.03.2025. 7. Ext.P9 communication dated 13.01.2025 from the Principal of the College addressed to the Registrar of the University would indicate that the College Authorities agreed to relieve the petitioners on 12.03.2025 itself without any delay. The petitioners, however, left the services on 12.12.2024. Admittedly, there is dispute between the petitioners and the College Authorities with regard to compliance of the terms of the agreement entered into between the parties. If there is any violation of the terms of agreement, the parties will have to W.P.(C)No.1117 of 2025 :6: 2025:KER:29194 approach the appropriate civil court. Respondents 2 and 3 are not justified in withholding the relieving order and experience certificate. In the facts of the case, the writ petition is disposed of directing respondents 2 and 3 to issue appropriate relieving orders to the petitioners and also issue experience certificates for the periods they served the Institution. This shall be done within a period of two weeks from the date of receipt of a copy of the judgment. It is made clear that respondents 2 and 3 will be at liberty to proceed against the petitioners for any compensation or liquidated damages, in accordance with law, if they are so advised. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.1117 of 2025 :7: 2025:KER:29194 APPENDIX OF WP(C) 1117/2025 PETITIONER EXHIBITS Exhibit P1 COPY OF THE AICTE ORDER Exhibit-P2 (a) COPIES OF THE REQUEST FOR RELIEVING SUBMITTED BY THE 1ST PETITIONER Exhibit P2 (b) COPIES OF THE REQUEST FOR RELIEVING SUBMITTED BY THE 2ND PETITIONER Exhibit-P3(a) COPY OF THE POSTING ORDER THE POST OF ASSISTANT PROFESSORS IN ST.JOSEPH’S COLLEGE OF ENGINEERING AND TECHNOLOGY PALA OF THE 1ST PETITIONER Exhibit P3 (b) COPY OF THE POSTING ORDER THE POST OF ASSISTANT PROFESSORS IN ST.JOSEPH’S COLLEGE OF ENGINEERING AND TECHNOLOGY PALA OF THE 2ND PETITIONER Exhibit-P4 (a) COPY OF THE RESIGNATION SECOND TIME THROUGH EMAIL AND IN PERSON TO RELIEVE THEM AS ON 13/12/2024 1ST PETITIONER Exhibit P4 (b) COPY OF THE RESIGNATION SECOND TIME THROUGH EMAIL AND IN PERSON TO RELIEVE THEM AS ON 13/12/2024 2ND PETITIONER Exhibit- P5 COPY OF THE AGREEMENT WAS MADE TO BE SIGNED BY THE PETITIONERS ON 23/11/2023 Exhibit-P6 COPY OF THE ORDER DATED 20/04/2024 Exhibit-P7 COPY OF THE KERALA SELF FINANCING COLLEGE TEACHING AND NON-TEACHING EMPLOYEES ( APPOINTMENT AND CONDITIONS W.P.(C)No.1117 of 2025 :8: 2025:KER:29194 OF SERVICE NO. 336L/LEG. G2/2021/LAW14/11/2021 Exhibit P-8 (a) COPY OF THE RECEIPT FOR COMPLAINT TO THE SHO ETTUMANOORE Exhibit P8 (b) COPY OF THE RECEIPT FOR COMPLAINT TO THE SHO ETTUMANOORE Exhibit P9 TRUE COPY OF THE LETTER DATED 13/01/2025 ISSUED BY THE 2ND RESPONDENT