Madras High Court
M.Theophilus Rajendra Kumar vs The Director Of Matriculation Schools on 28 April, 2005
Bench: Markandey Katju, F.M.Ibrahim Kalifulla
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28/04/2005
CORAM
THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
W.A. No. 922 of 2005
M.Theophilus Rajendra Kumar ... Appellant
-Vs-
1. The Director of Matriculation Schools,
College Road, Chennai-6.
2. The Inspector of Matriculation Schools,
Coimbatore Region, Coimbatore.
3. The Managing Trustee,
M.James Rames Raj,
Elsie Educational Trust,
186, Sanganoor Main Road,
Ganapathy, Coimbatore-641 006. ... Respondents
Writ Appeal under clause 15 of the Letters Patent against the order of
this Court in WPMP No.32726 of 2004 and WVMP No.374 of 2005 in W. P.
No.26889 of 2004 dated 16.3.2005.
!For Appellant :: Mr.S.N.Ravichandran
^For Respondent :: ---
:JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice.) This writ appeal has been filed against the order dated 16.3.2005 of the learned single Judge by which he has vacated the interim stay of a termination order.
2. The Supreme Court in State of Haryana v. Suman Datta, (2000)10 SCC 311 has observed as follows:-
"We are not expressing any opinion as to whether the services of an employee could be terminated for not passing the shorthand and typewriting test, but we are clearly of the opinion that the High Court erred in law in staying the order of termination as an interim measure in the pending writ petition. By such interim order if an employee is allowed to continue in service and then ultimately the writ petition is dismissed, then it would tantamount to usurpation of public office without any right to the same. We, therefore, set aside the impugned order of the High Court staying the order of termination."
3. Thus it is well settled that the High Court cannot grant interim stay of termination or suspension orders as that would amount to finally allowing the writ petition.
4. In view of the above there is no merit in this writ appeal and it is dismissed. However, we direct that the writ petition be listed before the appropriate court immediately after vacation. No costs. Consequently WAMP No.1705 of 2005 is also dismissed.
Index: Yes Internet: Yes ns.
To
1. The Director of Matriculation Schools, College Road, Chennai-6.
2. The Inspector of Matriculation Schools, Coimbatore Region, Coimbatore.