Mustafa Hussain v. National Institute Of Kathak Dance Through Its Director & ORS.

$~96 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MUSTAFA HUSSAIN .....Petitioner Through:

Mr. K.B. Thakur & Ms. Rashmi Kumari, Advocates.

versus NATIONAL INSTITUTE OF KATHAK DANCE THROUGH ITS DIRECTOR & ORS.

.....Respondents Through:

Mr. Bhagvan Swarup Shukla, CGSC with Mr. Satyam Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 14.05.2025 CM APPL. 29095/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM APPL. 29094/2025 (for interim relief) & W.P.(C) 17966/2024 1.

The petition is listed today on an application filed by the petitioner for status-quo in respect of his employment with respondent No. 1. However, I find that notice has not yet been issued in the writ petition. With the consent of learned counsel for the parties, the writ petition itself is taken up for hearing.

2.

Issue notice. Mr. Bhagvan Swarup Shukla, learned counsel, appears for respondent No. 2-Sangeet Natak Akademi, and respondent No. 3-Union of India. As respondent No. 1-National Institute of Kathak Dance, Kathak Kendra ["Institute"], is stated to be a constituent unit of respondent No. 2-Sangeet Natak Akademi, Mr. Shukla is requested to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accept notice on behalf of respondent No. 1 also. 3.

By way of this writ petition, the petitioner seeks permanent absorption in the services of the respondent No. 1-Institute. 4.

The petitioner claims to have been engaged as a "Tabla Vadak" in the respondent No. 1-Institute. He has annexed to the writ petition, his first contractual engagement vide office order dated 10.12.2008. Mr. K.B. Thakur, learned counsel for the petitioner, states that the petitioner has been engaged continuously for the last 17 years by way of similar office orders, the last one being office order dated 20.12.2024, which lapses tomorrow, i.e. 15.05.2025.

5.

The petitioner has not made any representation for the purpose of absorption. The respondents have, therefore, not had the occasion to consider the petitioner's request administratively. 6.

At the request of Mr. Thakur, the petition is disposed of with a direction that the writ petition will be treated as a representation before the respondents. The respondents are directed to consider the petitioner's case for regularisation in accordance with law, and pass a reasoned decision within four weeks from today.

7.

Having regard to the petitioner's long service, although contractual, and pendency of his representation, the respondents are directed, without prejudice to their rights and contentions, not to disengage him for a period of six weeks from today.

8.

The writ petition, alongwith the pending application, is disposed of in these terms. The next date of hearing, i.e. 01.09.2025, stands cancelled. 9.

Mr. Shukla is requested to convey the directions of the Court to respondent No. 1 during course of the day.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

A copy of the order be given dasti under the signature of the Court Master.

PRATEEK JALAN, J MAY 14, 2025 'pv'/AD/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.