T.M. VARGESE Vs. J.S. BHATIA

JUDGEMENT

(1.) These appeals are directed against the impugned judgment of the Punjab and Haryana High Court, whereunder the question of inter se seniority in the cadre of Professor is the subject-matter of dispute.

(2.) Under the University Statute the post of Professor is filled up by direct recruitment. As there was a lot of stagnation in the lower ranks, the University Grants Commission (UGC) evolved a policy called "Merit Promotion Scheme". This policy was adopted by different universities including Haryana Agricultural University at Hissar. Under the said Scheme, when people in the lower rank of Reader got stagnated for a number of years, then it was open for the University to grant them scale of pay of that of a Professor. Be it stated that implementation of the aforesaid stagnation policy and granting rank of Professor to the Readers under the policy, did not enlarge the cadre position of Professor in the University. The University, however, treated these employees to be a part of the cadre and accordingly was of the opinion that continuous length of service would be the criterion for their seniority.

(3.) The direct recruit Professors who had been appointed in accordance with clause 4(2) of the Statute, approached the High Court claiming that they must be held to be senior to these promotees and the judgment of this Court in the case of Rashmi Srivastava (Dr) v. Vikram University, 1995 3 SCC 653 clearly clinches the issue. The promotees who were respondents in the High Court however contended that once they have been promoted by virtue of the amendment to the Statute as contained in Chapter 4-A(III), on promotion they must be deemed to be a part of the cadre and consequently the provision for seniority contained in Statute 8 would govern the case and therefore rightly the University has been treating them to be senior.