Md. Nur Alom vs . Union Of India & Ors.
2022 Latest Caselaw 616 Meg

 Serial No. 02
 Supplementary List
                      HIGH COURT OF MEGHALAYA
                            AT SHILLONG

MC (WPC) No. 180 of 2022 in
WP(C) No. 214 of 2021
                                            Date of Order: 21.10.2022

Md. Nur Alom                          Vs.     Union of India & Ors.

Coram:
               Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)/Applicant(s) : Mr. K.C. Gautam, Adv.

For the Respondent(s)               : Mr. Dr. N. Mozika, DSGI with

Ms. T. Sutnga, Adv.

i) Whether approved for reporting in Yes/No Law journals etc:

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER (ORAL)

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.

JUDGE

Meghalaya 21.10.2022 "V. Lyndem-PS"