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Madras High CourtWP/8486/2020disposed of

V.Althaf Hussain v. The Corrospondent

2020-06-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

Dated : 23.06.2020 THE HONURABLE MR.JUSTICE R.MAHADEVAN W.P.No.8486 of 2020 and WMP.No.10241 of 2020 V.Althaf Hussain ... Petitioner vs.

The Correspondent, Islamiah Higher Secondary School, Pernambet, Vellore District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to consider and dispose of the petitioner's representation dated 26.04.2020 within a time stipulated by this Court.

For Petitioner : Mr.A.Ilaya Perumal

ORDER

The Petitioner has preferred this writ petition seeking a mandamus, directing the respondent to consider and dispose of his representation dated 26.04.2020 within a time frame to be stipulated by this Court.

2.Considering the limited scope of the matter, notice to the respondent is dispensed with.

3.The case of the petitioner is that he was appointed as Vocational Instructor in the respondent school against the sanctioned post and has been serving in the said capacity since 01.06.2016. Now, the apprehension of the petitioner is that the respondent is going to surrender the said post to the Government, due to which, he may be terminated from service. Hence, he submitted a representation dated 26.04.2020 to the respondent for continuance of his service and the same is pending without any consideration. Therefore, this Writ Petition. 4.Heard the learned counsel for the petitioner, who submitted that the petitioner is the old student of the https://hcservices.ecourts.gov.in/hcservices/

respondent school and he was working as a teacher in the sane school from 01.06.2008 onwards; due to his unblemished service, he was appointed as Vocational Instructor in the same school against the sanctioned post in the year 2016; and there is no charge pending or disciplinary proceedings initiated against him. He further submitted that if the petitioner is terminated from service, he will be put to great hardship and irreparable loss and mental agony.

5.Considering the limited nature of the relief sought for herein, this Court, having regard to the facts and circumstances of the case and also taking note of the submissions made by the learned counsel for the petitioner, more particularly, that there is no charge pending or disciplinary proceedings initiated against the petitioner, directs the respondent to consider the representation of the petitioner dated 26.04.2020 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till passing such an order, the respondent shall maintain statusquo as on today.

6.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar tsi To The Correspondent, Islamiah Higher Secondary School, Pernambet, Vellore District.

W.P.No.8486 of 2020 PP(CO) SP(30/07/2020) https://hcservices.ecourts.gov.in/hcservices/