SC orders reinstatement of 988 NU staff dismissed in 2012

The Appellate Division of the Supreme Court ordered the reinstatement of 988 officials and employees of the National University (NU) who were dismissed in 2012.

A seven-member Appellate Division bench led by Chief Justice Syed Refaat Ahmed delivered the verdict on Tuesday, granting the appeal.

A total of 988 people were appointed on various posts ranging from MLSS (office assistants) to deputy registrars between November 2003 and August 2004 during the tenure of the 4-party Alliance government.

But they were dismissed in 2012 during the Awami League government, following a verdict of the higher court.

On 19 May 2016, the Appellate Division delivered a verdict regarding the dismissal of these 988 individuals. The NU filed a review petition with the Appellate Division last year, and the court granted NU the permission to appeal. Today’s verdict was delivered by allowing that appeal.

Senior lawyers Salauddin Dolan, Md Asaduzzaman and Md Ruhul Quddus Kajal moved in the court for the NU while senior lawyer Khayer Ezaz Masud stood for the sacked officials.

After the verdict, NU counsel Salahuddin told Prothom Alo, “All of the 988 dismissed employees who are still alive will be reinstated as per the Appellate Division’s ruling. The period between their dismissal and reinstatement will be considered as extraordinary leave. They will retain their seniority, meaning that their seniority will not be affected. The NU has been given the authority to decide on their entitlements and benefits of those staff considering their suffering and humanitarian concerns.”

Lawyer Khairul Ejaz Masud said that the Appellate Division allowed the appeal. He told Prothom Alo, “The Appellate Division’s verdict (dated on 19 May 2016) has been overturned. The High Court verdict that led to the employees’ dismissal has also been quashed, as well as all officials and employees have been ordered to be reinstated.”

According to the lawyers, the 988 officials and employees were appointed to the NU between 17 November 2003 and 31 August 2004, during the 4-party Alliance government.

Former NU senate member and ex-lawmaker Fazle Rabbi Mia filed a writ petition in the High Court challenging the legality of these appointments.

The court discharged the rule on 22 August 2006 after the final hearing. Later, former lawmaker from Gazipur-1 constituency, AKM Mozammel Haque filed a review petition on the verdict with another dual bench of the High Court. After a hearing, the High Court issued a new verdict on 23 August 2011, ordering that the personnel be removed without delay.

On the other hand, those officials and employees filed a leave to appeal against the second verdict. After a hearing, the Appellate Division declared both High Court verdicts invalid on 1 December 2011 and ordered a fresh disposal of the rule.

After a re-hearing, the High Court issued a verdict on 20 February 2012, upholding the rule with several directives. It also declared the appointments of the officials and employees, based on advertisements published in several newspapers in 2004, to be illegal. Following this verdict, the university authorities held an emergency meeting in April 2012 and dismissed the officials and employees.

In 2012, the aggrieved employees filed a leave to appeal against the High Court’s 20 February verdict. After hearing, on 19 May 2016, the Appellate Division disposed of the appeal with observations, thus, upholding the 2012 High Court verdict.

On 4 September 2024, the NU decided to file a review petition and submitted it accordingly. After the hearing on the review petition, on 1 December last year, the Appellate Division granted leave to appeal. As a follow-up, the NU filed the appeal earlier this year, and the Appellate Division delivered its verdict today granting that appeal.