MOHAMMAD JAVED Vs. GURU GHASIDAS VISHWAVIDYALAYA

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of the seniority list dated 29-4-1999 (Annexure P-7) and to direct the respondent Nos. 1 and 2 to prepare a fresh seniority list in accordance with law, further, to direct the respondent Nos. 1 and 2, not to give effect and promote any person from the said seniority list dated 29-4-1999. The petitioners were appointed on the post of Lower Division Clerk (for short "the LDC") on the basis of recommendation made by the Departmental Promotion Committee (for short "the DPC") on the pay scale of Rs. 950-1530/- (Annexure P-2). The minimum qualification for selection and appointment on the post of LDC, inter alia, was passing of typing test. Admittedly, the petitioner did not had typing pass certificate. According to learned Counsel for the petitioners, the petitioners were initially granted one year time to acquire the typing test certificate, which was extended subsequently. The petitioners were also required to pass the departmental examination. In the meantime, the private respondent Nos. 3 to 43 were appointed having all the qualifications including typing test certificate. Subsequently, the petitioners also passed the typing test.

(2.) The question raised by the petitioners in this petition is as to whether the seniority of the petitioners would be counted from the date of initial appointment, i.e. 21-10-1993 or from the date of acquisition of typing test certificate.

(3.) Shri Koshy, learned Counsel appearing for the petitioners submits that the petitioners were placed in the seniority list taking into consideration the date of passing typing test and as such, they became juniors to the private respondents, though the private respondents were appointed subsequent to the appointment of the petitioners. The respondent-University itself granted opportunity to acquire the typing test certificate, thus, they may be placed above the private respondents in the seniority list.