Naseem Sultana v. The Chief Executive Officer

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.8965 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ...... to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not absorbing and providing any suitable alternative post in Telangana State Wakf Board, Hyderabad, as arbitrary, illegal ....." Heard Mr.Mohd.Ghousuddin, learned counsel for petitioner and Mr.Safiullah Baig, learned Standing Counsel for respondents. It has been contended by the petitioner that she was appointed as Teacher in a School run by Jahangir Peeran Dargah and she has been discharging her duties to the best satisfaction of her superiors and every one concerned. During the year 2016, the School run by Jahangir Peeran Dargah was closed and the Institution was taken over by the respondents.

Learned counsel for the petitioner has contended that all the staff employed in the School run by Jahangir Peeran Dargah were deployed with the respondents by providing alternative employment. But, the case of the petitioner has not been considered for absorption in the respondent organisation.

Therefore, the petitioner has submitted a representation on 07.03.2017. So far, the respondents have neither disposed of the representation nor considered her case for absorption. Therefore, appropriate orders be passed in the writ petition directing the

respondents to consider the case of the petitioner for absorption in any suitable post in the respondent organisation. Learned Standing Counsel appearing for respondents has contended that the entire staff working in the School run by Jahangir Peeran Dargah were absorbed with the respondents consequent upon disbandment of the School run by Jahangir Peeran Dargah during the year 2016. If the petitioner is employed as on the relevant cut off date, her case will be considered and appropriate orders would be passed on the representation submitted by her.

This Court, having considered the rival submissions, is of the considered view that that the writ petition can be disposed of directing the petitioner to submit fresh representation within two weeks from the date of receipt of a copy of this order. Upon such representation being received, the respondents are directed to consider and pass appropriate orders in accordance with law within four weeks thereafter.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-04-2019 Prv