TAMIL NADU WAKF BOARD Vs. M. ABUDL RAHIM

JUDGEMENT

(1.) ONE Mr.M.Abdul Rahim, who is the petitioner in the writ petition and who is the 1st respondent in the writ appeal, was appointed as an Assistant Professor of Zoology on 04.09.1980 in the M.S.S.Wakf Board College at Madurai. After getting regularised on 03.10.1980, he became a senior grade lecturer and subsequently the Head of the Department of Zoology, in the year 2002.

(2.) IN February, 2008, the writ petitioner sought medical leave on the ground that he had suffered fracture in the left leg. Medical leave was refused and the writ petitioner was referred to the Regional Medical Board. The Regional Medical Board gave an opinion on 17.08.2010 that the writ petitioner is not fit to carry out the duties and responsibilities of the post of Lecturer.

(3.) ACCORDING to the writ petitioner, he submitted a letter on 11.09.2010, unwillingly and under coercion, to go on voluntary retirement. It appears that the request was accepted by a letter dated 15.09.2010. But, the petitioner sent a letter on 24.09.2010, withdrawing his request for voluntary retirement. But, the Management of the College took a stand, through their letter dated 05.10.2010, that the envelop in which the letter of withdrawal of request for voluntary retirement was sent, did not contain anything inside. After taking such a stand, the Management of the College sent a communication dated 12.10.2010, claiming that the writ petitioner would stand relieved from the post of Assistant Professor of Zoology with immediate effect on Invalidation Pension Scheme.