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2021 Supreme(Online)(KER) 48839
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WP(C) NO. 14205 OF 2021 PETITIONER/S:
DR. K.M.ABDURRASHEED AGED 65 YEARS SON OF A.T. BAPPUMUSALIYAR, FORMER DIRECTOR, ALIGARH MUSLIM UNIVERSITY CENTRE, CHERUKARA P.O, MALAPPURAM DISTRICT-679340, (RESIDING AT KADIYARAKATH, P.O. FAROOK COLLEGE, KOZHIKODE DISRICT-673
632)
BY ADVS.
V.A.MUHAMMED M.SAJJAD K.A.SANJEETHA RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE ALIGARH MUSLIM UNIVERSITY, REPRESENTED BY ITS REGISTRAR AT AMU ALIGARH, UTTAR PRADESH-202 002
3 THE VICE CHANCELLOR, ALIGARH MUSLIM UNIVERSITY, ALIGARH, UTTAR PRADESH-202 002
4 THE FINANCE OFFICER, ALIGARGH MUSLIM UNIVERSITY, ALIGARH, UTTAR PRADESH-202 002
5 THE CO-ORDINATOR, AMU CENTERS, NODAL OFFICE , III RD FLOOR, ALIGARH MUSLIM UNIVERSITY , ALIGARH, UTTAR PRADESH-202 002
6 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY CENTRE, CHERUKARA P.O, MALAPPURAM DISTRICT-
679 340
7 DR. FAISAL K.P, ASSISTANT PROFESSOR (SOCIOLOGY), ALIGARH MUSLIM UNIVERSITY CENTRE, CHERUKARA P.O, MALAPPURAM DISTRICT-679 340 OTHER PRESENT:
GP SRI JIMMY GEORGE, SMT SANJEETHA K A FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['V A MUHAMMED', '', 'M SAJJAD', 'K A SANJEETHA']
JUDGMENT
Petitioner was teaching in the Research & P.G Department of Chemistry in Farook College for 26 years, while working was appointed as Registrar, Kannur University. He served over 5 years in the Central University of Kerala. On the basis of brilliant record, was appointed as Director of Centre of Aligarh Muslim University (AMU), Malappuram with effect from 20.2.2017 and continued till 25.4.2019. No Dues Certificate, after having been relieved was issued on 17.9.2019 but terminal benefits were not paid. In this regard representations Exts. P4 to P7 were submitted but no action has been taken.
2. I have heard the learned counsel for the parties.
Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the Respondent No.5 to take a call on the representation, Exts.P4 to P7 submitted by the petitioner with regard to release of the terminal benefits after affording an opportunity of hearing, in accordance with law, within a period of two months from the date of receipt of a certified copy of this judgment. The said exercise can be done either through physical or virtual mode. In case of any failure of the same, liberty is granted to the petitioner to revive the writ petition.
Sd/-
sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 14205/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER VIDE LETTER DATED 14.02.2017.
Exhibit P2 TRUE COPY OF THE HANDING OVER/TAKING OVER CHARGE OF DIRECTOR VIDE LETTER NO. MPMC/E../
DATED 25.04.2019.
Exhibit P3 TRUE COPY OF THE NO DUES CERTIFICATE VIDE NO.
MPMC/E/GEN/STFS/619/2019 DATED 17.09.2019 ISSUED BY THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY CENTRE, MALAPPURAM.
Exhibit P4 TRUE COPY OF PETITION OF THE PETITIONER VIDE LETTER ADDRESSING THE SHRI. ABDUL HAMID SB, IPS, COORDINATOR ALIGARH MUSLIM UNIVERSITY, ALIGARH, DATED 16.03.2020.
Exhibit P5 TRUE COPY OF PETITION OF THE PETITIONER VIDE LETTER ADDRESSING THE PROF. SHAKEEL SAMADANI SAHEB, COORDINATOR, ALIGARH MUSLIM UNIVERSITY, ALIGARH DATED 29.06.2020.
Exhibit P6 TRUE COPY OF PETITION OF THE PETITIONER VIDE LETTER ADDRESSING THE PROF. TARIQ MANSOOR SB, VICE CHANCELLOR, ALIGARH MUSLIM UNIVERSITY, ALIGARH DATED 08.09.2020.
Exhibit P7 TRUE COPY OF PETITION OF THE PETITIONER VIDE LETTER ADDRESSING THE PROF. MD. SHAKEEL AHMAD SAMADANI SB, COORDINATOR, ALIGARH MUSLIM UNIVERSITY, ALIGARH DATED 16.02.2021.
Exhibit P8 TRUE COPY OF PETITION OF THE PETITIONER VIDE LETTER ADDRESSING THE PROF. DR. S.M. SAYED JAVED AKHTAR SB, FINANCE OFFICER, ALIGARH MUSLIM UNIVERSITY, ALIGARH DATED 18.04.2021 THROUGH MAIL.
