High CourtsSingle Bench(2011) 08 MAD CK 0276

Susiathul Ali Khan and Others vs Union of India (UOI)

Madras High Court · Decided on 3 August 2011

HON’BLE JUDGES
Vinod K. Sharma, J
CASE NUMBER
Writ Petition (MD) No. 3326 of 2006

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 262 words

Vinod K. Sharma, J.—The Petitioners were appointed, temporarily as ''Vocational Instructors'', in the Vocational Training Center, for physically and mentally challenged under the special project.

2.

The appointments of the Petitioners were for a period of three years, but before the expiry of three years, the Petitioners, were relieved from service.

3.

The Petitioners, being aggrieved by the action of the respondent No. 1, in relieving them from service, these writ petitions were filed, praying for issuance of writ, in the nature of certiorari, for quashing the orders of relieving from the job.

4.

The writ petitions prima facie are not competent, as admittedly, the Petitioners were appointed on contractual basis, and breach of contract, gives raise to claim for damages, which can be claimed by ordinary civil remedy.

5.

The Petitioners cannot claim specific enforcement of contractual contract of service.

6.

The learned Counsel for the Petitioners, at the time of argument, did not-press, his challenge the order, relieving the Petitioners from service, but prayed that Respondent 2 and 3 be directed to issue experience certificate for the period, the Petitioners rendered service, for the use in future employment.

7.

The prayer is not opposed. While rejecting the prayer of the Petitioners, regarding challenge to the relieving order, the writ petitions are disposed of, by directing the Respondents 2 and 3 to issue experience certificate to the Petitioners for the service rendered by them, under the scheme within a period of 15 days of receipt of a certified copy of this order.

8.

Consequently, connected Miscellaneous Petition are closed. No. costs.