I was serving as Associate Professor at one of the Central Universities of India (on probation) and university has deliberately terminated my services with some false and irrelevant allegations and also without giving me any reasonable opportunity to defend me against the proposed action against me. Therefore, I have filed a writ in the Hon'ble High Court. But within a less than one month of my termination I have got selected at another central university (in different state) for the same position. Application for this new position was submitted during my service from previous Univ. Now I am facing a problem of joining my job at new University, because University administration is not sure that if they should allow me to join or not. Therefore, I would like to know if there is any legal problem in my joining at another university. Thanks and Regards
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Dear Sir,
If you wish to join the university, you should seek their view about the present issue. Please remember that if you abandon your claim against the current university at this stage without getting it quashed it will remain in your record.
What I suggest is that the prospective employer should engage you and you should pursue your matter in the High Court.
Feel free to contact me for further assistance.
Kind Regards
Setu NIket
Advocate
There is no law which prevents you from joining or getting into a fresh employment while any litigation is pending regarding a previous employment in a court of competent jurisdiction. However, while submitted the form/ applying for the job, when the reason for leaving the previous job is asked specifically, then it is mandatory to disclose any information to the possible future employer regarding any litigation or issue which is pending regarding the past employment. This is so because non-disclosure of any relevant information may deem you unfit for future employment on the ground of intentionally trying to hide/conceal the said information. This rule is strictly followed in case of any criminal litigation which may be pending against you, however, in case of a service dispute, it is enough to merely mention the pendency of the case. But in your case, it seems you have disclosed the said information to the new university, so prima facie, there should be any ground for non-consideration of your candidature.
However, in order to be able to tell you the exact position, I need to review the following documents:
1. The writ petition pending before the high court regarding previous employment;
2. terms and conditions of the future employment; and
3. any correspondence between you and the future employer.
So, in your case, prima facie, there is no legal bar for you to get an employment. I suggest that you give a lawyer's drafting representation to the new university clarifying your candidature.
