R SULOCHANA DEVI Vs. D M SUJATHA

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals are directed against the common judgment passed by the High Court of Andhra Pradesh in Writ Appeal Nos. 2078-2079 of 2003 dated 23-12-2003. Writ Appeal 2078 of 2003 was filed by Smt. D. M. Sujatha, first respondent herein, against the order in Writ Petition No. 4279 of 2003 dated 20-11-2003. Writ Appeal No. 2079 of 2003 was filed by the first respondent herein against the order in Writ Petition No. 6362 of 2003 dated 20-11-2003. Both the appeals were heard together by the Division Bench of the High Court which ultimately allowed both the writ appeals filed by the first respondent herein and dismissed another Writ Petition No. 4279 of 2003 as infructuous.

(3.) For proper appreciation of the controversy involved in the matter, it is necessary to state the few facts in brief : The appellant-Smt. R. Sulochana Devi joined the Andhra Christian College as Demonstrator in the Department of Chemistry on 1-8-1968. She was promoted as Lecturer in an aided post on 1-8-1969 and her promotion was confirmed from the date of appointment, i.e., with effect from 1-8-1969. She was given the benefit of Career Advancement Scheme of 16 years and 21 years. She was also appointed as Vice-Principal and Associate Principal and also admitted to grant-in-aid. The respondent-College appointed respondent No. 1, Smt. D. M. Sujatha, as Lecturer in English w.e.f. 30-8-1969 and the Board of Education of the respondent-College approved the promotion of the appellant as Lecturer as also the appointment of respondent No. 1 as Lecturer from the respective dates of their appointment. On 1-5-1972, Smt. D. M. Sujatha, respondent No. 1 was reverted to the post of Junior Lecturer and worked in the same post for about four years up to 31-8-1974. She was again re-designated as a Lecturer in English only on 1-7-1976. By proceedings dated 11-12-1975, the Director of Higher Education directed the Director that respondent No. 1 be treated as Lecturer w.e.f. 30-8-1969 by extending general protection. The Director of Higher Education by the proceedings dated 11-12-1975 issued directions for the purpose of giving general protection to Lecturers/Junior Lecturers working in various institutions to be treated as Lecturers for the purpose of service and seniority from their respective dates of appointment as Lecturer/Junior Lecturer, if they are appointed in the grant-in-aid post prior to 1-5-1971. In the seniority, the appellant was placed at S. No. 20 and respondent No. 1 was placed at S. No. 23. The appellant was promoted as Vice-Principal of the College by proceedings of the Manager of the Management.