UNIVERSITY OF KALYANI Vs. JATINDRANATH BHAKTA

JUDGEMENT

(1.) THIS Mandamus Appeal is directed against the judgment and/or order passed by a Learned Single Judge of this Court on 22nd April, 2014 in W.P No. 21474 (W) 2013 at the instance of the University of Kalyani, the appellant herein which was a respondent in the writ petition.

(2.) THE writ petitioner/ respondent was appointed as an Associate Professor in the International Centre for Ecological Engineering in Kalyani University in a very hush hush manner without following the recruitment rules. While he was on probation, the University authority received some complaints from several strangers including the third empanelled candidate, who complained about various illegalities in the process of appointing the writ petitioner as an Associate Professor in the said University. After receiving such complaints, an enquiry was held by the University authorities and from the report submitted by the enquiry team, it appeared that the writ petitioner was not at all an eligible candidate for the said post and he was recommended by the Selection Committee for appointment in violation of the recruitment rules. Hence his service was terminated during the probationary period by giving a month's salary in lieu of notice by treating him as a temporary employee in the University under Section 30 of the Kalyani University Act, 1981.

(3.) THE writ petitioner thus, felt aggrieved. He filed a writ petition challenging the legality and/or validity of the order of termination of his service passed by the University authority. The impugned order of termination of his service passed by the Vice Chancellor of the said University was set aside by the Learned Trial Judge by the impugned order. The University authorities were directed to allow the writ petitioner to join his duty immediately. Though no direction was given for payment of back wages to the writ petitioner, but direction was given for maintaining continuity of his service with a rider that at the time of his retirement, all service benefits would be calculated by taking his appointment date as on 7th February, 2013 which was the date when he reported for joining his service in the selected post. The legality and/or propriety of the said judgment is under challenge in this Mandamus Appeal at the instance of the University.