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Madras High CourtWP(MD)/27320/2019dismissed

S.Balachandran v. Tamilnadu National Law University

2020-01-03Honourable Mr Justice M.S. Ramesh2 pages

W.P.(MD)No.27320 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.27320 of 2019 and W.M.P(MD)Nos.23590 & 23591 of 2019 S.Balachandran, Assistant Professor of Economics(Adhoc), Tamil Nadu National Law University, Trichy - 620 027.

... Petitioner Vs.

Tamil Nadu National Law University, Rep. by its Registrar, Navalurkuttappattu, Dindigul Main Road, Tiruchirappalli - 620 027.

... Respondent PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Lr.No.2010/REGR/TNNLU/2019 dated 18.12.2019 on the file of the respondent and quash the same as illegal and consequently for a direction, directing the respondent not to disengage the petitioner from the post of Assistant Professor of Economics (Adhoc) in the middle of the academic year without ascertaining the requirement of teaching faculty for the Economics Subject in Tamil Nadu National Law University.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.P.Karthik

ORDER

The petitioner has filed this writ petition challenging the order passed by the respondent in Lr.No.2010/REGR/TNNLU/2019 dated 18.12.2019 and for a consequential direction, directing the respondent not to disengage the petitioner from the post of Assistant Professor of Economics (Adhoc) in the middle of the academic year without ascertaining the requirement of teaching faculty for the Economics Subject in the Tamil Nadu National Law University.

2. The petitioner herein was appointed purely on temporary basis as Assistant Professor of Economics (Adhoc) in the Tamil Nadu National Law University, Trichy. According to the learned counsel for the petitioner, though the petitioner was appointed on temporary basis in the year 2016, his appointment has been periodically renewed till 31.12.2019.

3. The impugned order passed by the respondent dated 18.12.2019 reveals that the last appointment of the petitioner was purely on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.27320 of 2019 temporary basis between 01.10.2019 to 31.12.2019 and since the Post of Assistant Professor of Economics has now been filled with a permanent teaching staff, the petitioner's temporary service was terminated.

4. It is not in dispute that the petitioner's original appointment was temporary till the year ending on 31.12.2019. When the petitioner's appointment itself was on temporary basis till the regular appointment for the said Post is completed, I do not find any infirmity in the impugned order passed by the respondent revoking the petitioner's services on the ground that the said Post has now been filled up. The grounds raised by the petitioner will not give him any legal right either to challenge such an appointment or to continue in the services since it was purely on temporary in nature.

5. For the foregoing reasons, I do not find any reason to interfere with the impugned order. Accordingly, this writ petition stands dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Pm To The Registrar, Tamil Nadu National Law University, Navalurkuttappattu,Dindigul Main Road, Tiruchirappalli - 620 027.

+1 CC to M/s.P.KARTHIK, Advocate ( SR-190[F] dated 03/01/2020 ) +1 CC to M/s.T.LAJAPATHIROY, Advocate ( SR-484[F] dated 07/01/2020 Order made in W.P.(MD)No.27320 of 2019 03.01.2020 SMA/21/01/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2