Case Note & Summary
The dispute arose between Jawaharlal Nehru University and Dr. K.S. Jawatkar regarding the transfer of the latter's employment to Manipur University following the merger of the Centre of Post-Graduate Studies at Imphal. The respondent, initially appointed as a temporary research assistant, accepted an offer for a position at the Centre, which was later upgraded to Assistant Professor. Following the decision to merge the Centre with Manipur University, the University resolved to transfer its faculty members, including the respondent, without their consent. The respondent challenged this transfer in the Delhi High Court, which ruled in his favor, stating that he could not be compelled to join the Manipur University and was entitled to continue his service until retirement. The Division Bench upheld this decision, emphasizing that the respondent's employment could not be automatically transferred without his consent. The Supreme Court dismissed the appeal by Jawaharlal Nehru University, affirming that the respondent remained an employee of the University and could not be retrenched as he had been adjusted to a suitable post during the litigation. The court reiterated the legal principle that no employee can be transferred from one employer to another without their consent, regardless of statutory provisions to the contrary.
Headnote
A) Employment Law - Transfer of Employment - Consent Requirement - Jawaharlal Nehru University Act, 1966, Section 7 - The court held that no employee can be transferred from one employer to another without their consent, whether express or implied. The respondent's employment with Jawaharlal Nehru University could not be converted to a contract with Manipur University without his agreement, thus affirming his continued employment with the appellant University (Paras 279H-280C). B) Employment Law - Abolition of Post - Last Come First Go Principle - Jawaharlal Nehru University Act, 1966, Section 7 - The court noted that the transfer of the Centre could be seen as resulting in the abolition of the respondent's post. However, since he was adjusted against a suitable post during litigation, the University could not retrench him (Paras 280F-281A).
Issue of Consideration
Whether the respondent's services could be transferred from Jawaharlal Nehru University to Manipur University without his consent.
Final Decision
The Supreme Court dismissed the appeal, affirming that the respondent remained an employee of Jawaharlal Nehru University and could not be retrenched as he had been adjusted to a suitable post during the litigation.
Law Points
- Employment transfer
- consent requirement
- university jurisdiction
- abolition of post
- last come first go principle
