Case Note & Summary
The petitioner, Rais Ahmed Siddiqui, was initially employed as a Junior Clerk with the erstwhile Marathwada Agricultural University at its Research Centre in Beed. When his services were proposed to be retrenched, he approached the Labour Court which allowed his complaint and set aside the retrenchment. The respondent No. 1, Maharashtra Animal & Fishery Science University, which had been newly created to bring all Veterinary Colleges under one umbrella, challenged the Labour Court order in Writ Petition No.4567/2004 before a Single Judge of the High Court. Meanwhile, the petitioner filed the present writ petition seeking a declaration that his services be deemed transferred to respondent No. 1 University from the date appointed by Government Resolutions dated 2.7.2001 and 3.8.2001, along with consequential reliefs such as continuity, arrears of salary, and seniority. Interim orders were passed directing continuation of service and payment equivalent to a Junior Clerk. During the pendency, respondent No. 1 University withdrew its challenge to the Labour Court order, and the Single Judge disposed of that writ petition as withdrawn. The Division Bench, taking into account the length of the petitioner's service and the fact that he had been continuing with respondent No. 1 for thirteen years without break, concluded that the petitioner's services shall be deemed to be continuous with respondent No. 1 on the same post he had held earlier. The court held that the petitioner would be entitled to all permissible benefits under the applicable service conditions. The petition was allowed and rule was made absolute.
Headnote
A) Service Law - Absorption and Continuity of Service - Deemed Transfer upon Creation of New University - Not under any specific statute - The petitioner's services as Junior Clerk were proposed to be retrenched; the Labour Court set aside the retrenchment; the respondent University withdrew its challenge to the Labour Court order; the High Court held that the petitioner's services shall be deemed continuous with the respondent University, entitling him to all consequential benefits as per service conditions (Paras 3-10).
Issue of Consideration
Whether the petitioner's services as Junior Clerk should be deemed transferred to respondent No.1 University and he is entitled to continuity of service, salary, and seniority.
Final Decision
Petition allowed; petitioner's services deemed continuous with respondent No.1 on the post he held earlier, entitled to all permissible benefits under service conditions.
