Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1973-Section 31 Service law-Uttar Pradesh State Universities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law-Uttar Pradesh State Universities Act, 1973-Section 31A-Personal Promotion Scheme-Length of service and qualifications prescribed by Notification dated 21-2-85- Promotion to grade of Professor could only be validly effected from 21-2-1985- Clause 18.05- lnter se seniority of teachers appointed by personal promotion and by direct recruitment- Professor in Physics-Determination of seniority according to length of continuous service in a substantive capacity in such cadre-Service of those promoted under Personal Promotion Scheme-To be counted from 21-02-85.Constitution of India, 195-Article 226-Writ-Availability of alternative remedy- Party non-suited by High Court five years after admitting the writ petition-field, not justified.The appellant and respondents Nos. 4 and 5 were employed as Readers in the Physics Department of the Allahabad University. In 1983 applications were invited for direct recruitment to one permanent post of Professor. The appellant was appointed to the post substantively by an order dated November 9, 1984. On November 9, 1984, respondents Nos. 4 and 5 were promoted in the grade of Professor under the Personal Promotion Scheme which was framed. on December 12, 1983 and came into force by amendment to the Act on October 10, 1984.The appellant after probation for one year was confirmed on the post of professor w.e.f. November 9, 19851 The Seniority Committee of the Faculty of Science considering the inter se seniority of the appellant and respondents Nos. 4 and 5 came to the conclusion that the appointments on cadre posts and personal promotions cases constituted two different categories so as not to be intermingled and should be maintained separately and the teachers appointed on cadre posts by direct recruitment should be treated senior to those teachers appointed under Personal Promotion Scheme irrespective of their date of appointment. The Seniority Committee placed the appellant, who held the cadre post of Professor above respondents 4 and 5 who were promoted to the grade of Professor under the Personal Promotion Scheme.Respondents 4 and 5 submitted representations before the Executive Council against the said decision of the Seniority Committee. The Executive Council altered the seniority and placed respondents 4 and 5 above the appellant. Writ Petition filed by the appellant against the decision of the Executive Council was dismissed by the High Court on the ground that alternative remedy of reference to the Chancellor u/s 68 of the Uttar Pradesh State Universities Act, 1973 was available to the appellant. The High Court observed that there was controversy with regard to nature of appointments since the appellant claimed that he had been appointed against a regular vacancy while the respondents asserted that all three had been granted personal promotion and that there was also a dispute regarding the date on which the appellant joined the post of Professor. The appellant contended that the High Court was in error in dismissing the Writ Petition on the ground of availability of an alternative remedy having regard to the fact that the Writ Petition had been filed in 1988 and it had been admitted and was pending in the High Court for the past more than five years. Further, there was no dispute regarding the appellant's selection by the Selection Committee for appointment to the permanent post of Professor, which recommendation had been accepted by the Executive Council. Also, the appellant's inclusion in the list of personal promotees did not mean that his appointment was by way of personal promotion and not on the basis of selection for the cadre post which was advertised.It was submitted that since the appellant was appointed on the post of Professor on November 9, 1984, the seniority should be regulated by the provisions contained in the Statutes of the University as they existed on the said date and that the amendments which were made in the Statutes by notification dated February 21, 1985 would have no application in the matter of determination of the appellant's seniority. Under clause (b) of Statute 18.05, as it stood on November 9, 1984, when the appellant joined as Professor, he, holding the selection post of Professor in Physics Faculty, was senior to respondents Nos. 4 and 5 who were promotees under the Personal Promotion Scheme. It was urged that although Section 31-A,which provided for personal promotion was introduced in the Act w.e.f. October 10,1984, .it could be given effect to only after the length of service as well as the qualifications were prescribed in the Statutes and this was done only by the amendments introduced by notification dated February 21, 1985. Therefore, it was contended that personal promotion of respondents Nos: 4 and 5 could have legal effect only from the date of such amendment in the Statues and they should be. treated to have been promoted w.e.f. February 21,-1985. It was argued that since the appellant joined as Professor on November 9, 1984, he should be treated as senior to respondents Nos. 4 and 5. The respondents urged that since the validity or appointment or respondents Nos. 4 and 5 w.e.r. November 9, 1984 had not been assailed by the appellant, he should not be permitted to raise this question at this stage. Also, since the seniority of the appellant and respondents Nos. 4 and 5 was determined by the Executive Council after the Statutes had been amended by notification dated February 21, 1985 the criterion for fixing the seniority would be that laid down In the Statutes on the date when such determination was made and that the seniority was properly determined in accordance with the provisions of the Statutes 18.05 as amended by Notification dated February 21, 1985. It was further contended that since the appellant and respondents 4 and 5 joined as professors on the same date, their inter se seniority should be determined by the length or their service as Readers and on that basis the respondents would rank senior as they had longer length of service as Readers than the appellant. |
Judge | Hon'ble Mr. Justice S.C. Agrawal |
Neutral Citation | 1995 INSC 18 |
Petitioner | Dr. Bal Krishna Agarwal |
Respondent | State Of Uttar Pradesh And Ors. |
SCR | [1995] 1 S.C.R. 148 |
Judgement Date | 1995-01-10 |
Case Number | 607 |
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