The Madras High Court has set aside en masse termination of the staff recruited in the Indian Maritime University here and directed the university to continue the services of those who had approached the court and were working as on date.
As regards those who were working and thereafter not permitted to work pursuant to the termination order, they should be given continuity of service from the date of termination and thereafter when they were prevented from working, apart from the consequential benefits, except the back wages.
With regard to those who could not join pursuant to the termination order, taking note of the peculiar facts of the case, they are entitled to count their service from the prescribed last date given by the university to join duty. However, they also cannot get back wages.
Justice M.M. Sundresh passed the common order on a large batch of writ petitions challenging the termination order.
The university advertised for selection to 63 posts in various fields such as professor, associate professor and assistant professor. Selection of 33 faculty members was approved by the Executive Council. Some of the faculty joined within the time granted and some sought extension, which was also granted. Of the 33 faculty members, two declined and 19 of them joined by March end, 2013, the original date for joining. The other candidates to whom time was given were ready to join duty. As certain allegations of irregularities in the selection were raised, the Centre constituted a separate committee to go into them. Based on the panel’s report and the executive committee’s resolution, cancellation of appointment letters were given to the petitioners.
Justice Sundresh said all the applications were scrutinised by the selection committee apart from assessing the merit, qualification and eligibility. Thereafter, approval was given by the executive council. In the absence of any power of review, the council could not overturn its earlier decision.
