22 December 2023 Employee Related >> Corporate Law   |   Employment, Labor & Service >> Corporate Law  

Two college professors in Maharashtra, India, recently won a case challenging their transfer from an engineering college to a polytechnic college. The professors, who held the position of Associate Professor, argued that the transfer wasn't a fair equivalent because the polytechnic college didn't have such a post.

The High Court agreed with the professors, ruling that the transfers issued by the college society were illegal. The court's reasoning hinged on the fact that the transfer order didn't result in an equivalent position for the professors. Their appointment terms specified transfers within the college system, but crucially, only to colleges with available equivalent posts.

In a separate aspect of the case, the professors also challenged their suspension, which they argued had gone on for an excessive period without a formal charge sheet being filed. The court partially sided with the professors on this point as well. While acknowledging the college's authority to suspend staff, the court mandated a limit of three months on such suspensions unless a charge sheet is issued.

The final verdict from the High Court consisted of several key points:

• The transfer orders were cancelled due to not being equivalent positions.
• The suspension was upheld, but only for a maximum of three months from the date of the court order.
• The college has the right to follow proper procedure to extend the suspension beyond three months.
• The court did not delve into the specific reasons behind the suspension.
• The professors retain the right to defend themselves within the disciplinary proceedings.