High CourtsSingle Bench(2022) 10 MEG CK 0027

Md. Nur Alom vs Union Of India & Ors

Meghalaya High Court · Decided on 21 October 2022

HON’BLE JUDGES
H. S. Thangkhiew, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Case (Writ Petition Civil) No. 180 Of 2022 In Writ Petition (C) No. 214 Of 2021

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Judgment

8 paragraphs · 291 words

H. S. Thangkhiew, J

1.

This Misc. application has been filed seeking stay of the letter No. NITMGH/ES/REC/IT/Vol. III/202-23/369, dated 13.10.2022 issued by the respondent No. 6, directing for cessation of the service of the applicant as Trainee Teacher in the Department of Mechanical Engineering at NIT, Meghalaya.

2.

Mr. K.C. Gautam, learned counsel for the petitioner/applicant submits that during the pendency of the main writ petition, wherein the petitioner has sought for absorption on permanent basis to the post of Assistant Professor, the impugned order herein has been passed, whereby his services as Trainee Teacher in the Department of Mechanical Engineering has been sought to be terminated.

3.

It has been contended that the petitioner/applicant has entered service in the Institute on the basis of the Scheme which provides for permanent absorption on completion of Ph.D from IIT, and after serving for 3(three) years as Trainee Teachers, however he submits the respondents to frustrate the writ petition have issued the impugned order.

4.

Dr. N. Mozika, learned DSGI assisted by Ms. T. Sutnga, learned counsel for the respondents submit that the writ petitioner has entered service on the basis of the Scheme which specifically provides that at the end of 3(three) years and after obtaining Ph. D, the services expire as per the appointment letter.

5.

Having heard learned counsel for the parties and in consideration thereof, prima facie it appears that the petitioner has made out a case for interim protection. Accordingly, until final disposal of the writ petition, the letter dated 13.10.2022, shall not be given effect to.

6.

Needless to add, the petitioner/applicant shall be allowed to continue as Trainee Teacher.

7.

With the above noted directions, this Misc. application stands allowed and is accordingly disposed of.