Justice R Mahadevan issued the instructions while hearing a case regarding various illegalities by Bharathiar University, Coimbatore, in the appointment of a person as Assistant Technical Officer (Library) and later his promotion as the Technical Officer.
The directions include termination and foregoing the right to appointment if a person employed under a specific quota converts. Justice Mahadevan, who issued the instructions recently, also directed the university to proceed against the members in the selection committee who had caused the illegal appointment of M Gowthaman to the post against norms.
The judge was disposing of a writ petition from Dr K Ramesh and two others, challenging Gowthaman’s appointment.
Unfortunately, the illegal appointment was not cancelled and Gowthaman was allowed to retire. Having found his appointment to be illegal, the court was of the view that he cannot be permitted to enjoy the fruits of such illegal appointment in the form of future benefits any further, he said.
“Though his appointment was under challenge, the Registrar had turned a deaf ear and allowed the illegality to continue. Knowing fully well that he did not possess the required qualification and experience, he secured the said post and enjoyed the benefits.
“Therefore, culpability is to be fixed on the person liable to recruit candidates and whenever illegal appointments are made, immediate action must be taken, not only to stop the continuance of the service of appointees, but also against the persons who were responsible for such selection,” the court said.
At times, the candidate would have knowingly furnished false information to secure employment and in such cases, the appointment must be annulled at the earliest. Terming the appointment illegal, the court said it considered it necessary to issue certain directions which are applicable to all universities.
They include immediate revocation of the appointment in case it was found to be illegal and recovery of the salary paid from the members of the selection committee and appropriate action under law against them. If the candidate had furnished false information or fake documents to secure employment, after termination, the salary and other benefits have to be recovered from the person.
If a person who got the job under reservation converts to another religion either before the appointment or thereafter, the person would forego the right to such appointment under the respective quota. The appointee would also forego the right to continue in the post and the service of such employee must be terminated, the judge said.
Regarding the case in hand, the judge said that the payment of pension should be computed to the post of Assistant Technical Officer (Library), for which he was actually eligible and the excess amount paid should be recovered from him.