Staff Reporter:
The Appellate Division of the Supreme Court (SC) yesterday ordered the reinstatement of 988 employ-ees of the National University (NU) who were previously dismissed from the service.
A seven-member bench, headed by Chief Justice Syed Refaat Ahmed, delivered the verdict.
Senior lawyers Barrister Salauddin Dolan, Md. Asaduzzaman and Barrister Ruhul Quddus Kajal moved in the court for the NU.
Lawyer Salauddin Dolan told reporters that the dismissal of 988 individuals was a significant event, car-ried out based on a Supreme Court verdict but given the changed circumstances, the university authori-ties later conducted their own review.
The Supreme Court evaluated that review, accepted the appeal, and delivered its judgment yesterday, he said, adding that as a result of this verdict, there are now no legal obstacles to the reinstatement of the dismissed employees.
Dolan also informed reporters that as soon as yesterday’s verdict is received, it will be forwarded to the university syndicate and then it will decide the effective date for the reinstatement of the employees.
He said the court has treated the period between dismissal and reinstatement as a case of “extraordinary leave”, meaning their seniority will remain unaffected and will continue seamlessly.
He continued that unfortunately, many of the dismissed employees have since passed away and it is now up to the university to determine the benefits due to all affected individuals.
Those who are still alive and willing to return to their jobs face no legal barriers to doing so, he added.
According to the lawyers, former lawmaker Advocate Fazle Rabbi Miah filed a writ petition in the High Court in 2004, seeking the cancellation of all recruitment at the National University made between No-vember 17, 2003, and August 31, 2004.
On August 22, 2006, the High Court dismissed the rule issued in that writ. No appeal or review was filed within the stipulated time following the dismissal.
In 2010, despite not being a party to the original case, the then-Awami League lawmaker AKM Mozammel Haque filed a review petition.
Subsequently, on August 23, 2011, a High Court bench comprising Justice AHM Shamsuddin Chow-dhury Manik and Justice Gobinda Chandra Thakur delivered a verdict canceling all recruitment at the National University made during that same period.
On December 1, 2011, a leave-to-appeal was filed against that verdict. The Appellate Division later overturned the High Court’s ruling and instructed that the original rule issued in the writ petition of Fazle Rabbi Miah filed in 2004 be reconsidered.
Following a fresh hearing, on February 20, 2012, the High Court issued nine directives and declared the rule valid.
In line with that verdict, the university authorities terminated the employment of 988 individuals.
Later in 2012, aggrieved parties filed a leave-to-appeal against the verdict. In 2016, the Appellate Divi-sion disposed of the leave-to-appeal.
However, after the change in government on August 5, the university authorities decided to file a review petition. After the hearing of that review, the Supreme Court delivered its verdict yesterday.
