The absence of recruitment rules does not render appointments illegal if a transparent selection process was followed; regularization may be granted based on the nature of service rendered.

JUDGMENT :

(Anita Sumanth, J.)

(Prayer : Appeal filed under Clause 15 of Letters Patent against order dated 09.08.2017 in WP.No.19597 of 2017 on the file of this Court.)

This is a batch of 8 Writ Appeals. The appellants/Writ Petitioners are post graduates. Their educational qualifications are tabulated below:

2. The Indian Maritime University (IMU) was constituted under the Indian Maritime University Act, 2008 (in short ‘Act’) on 14.11.2008. The Act integrated several Universities that existed at a national level for promotion of maritime studies and research and other connected matters.

3. Section 49 of the Act provides for transfer of assets of the Training Ship Chanakay, Mumbai, the Marine Engineering and Research Institute, Mumbai, the Marine Engineering and Research Institute, Kolkata, Lal Bahadur Shastri College of Advance Maritime Studies, Mumbai, the National Maritime Academy, Chennai, Indian Institute of Port Management, Kolkata and the National Ship Design and Research Centre, Visakhapatnam into the IMU.

4. The employees of the aforesaid Universities stood transferred to the IMU and were extended options as below:

(i) the employees of the four training institutes under Indian Institute of Maritime Studies who shall stand transferred to Indian Maritime University shall have the option to continue on deemed deputation in Indian Maritime University on the terms and conditions in force of the Central Government and also continue to retain or to be allotted government residential accommodation on turn and avail of the Central Government Health Scheme facilities till their retirement;

(ii) the employees of the National Maritime Academy, Chennai, Indian Institute of Port Management, Kolkata and the National Ship Design and Research Centre, Visakhapatnam shall have the option to continue on the terms and conditions of their respective institutes till their retirement; and

(iii) all employees shall have the option to join University as per the service conditions of the University.

5. The case of G.Kulanchiyappan, appellant in W.A.No.1147 of 2017 stands on a different position qua the other 7 appellants as Mr.Kulanchiyappan was an employee in the National Maritime Academy (NMA), Chennai and exercised the option to continue with the IMU post its constitution. The services of Kulanchiyappan as a clerk in the NMA had been extended to the IMU as well.

6. There is no defence put forth to his Writ Appeal, being W.A.No.1147 of 2017 and the respondents would accede to the prayer in Writ Petition, being W.P.No.19597 of 2017, for a mandamus seeking regularization of his services.

7. In light of their accession to the prayer, W.A.No.1147 of 2017 is allowed and mandamus as sought for in W.P.No.19597 of 2017 is issued to the respondents to regularize his services as against the existing vacancy within a period of four (4) weeks from date of receipt of a copy of this order.

8. IMU was up in 2008 and with that, came the necessity to populate the University with necessary