SHIV KUMAR SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This petition challenges the validity of the resolutions of Executive Council dated 29.4.75 and 28.4.76.

(2.) Mr. G.D. Gupta, learned Counsel for the petitioner has argued that the petitioner was to be assigned the seniority from 4.8.58 when he was appointed as 'Senior Laboratory Assistant' though he was performing the duty of Clerk Typist from the date of his first appointment to the date when he was transferred in public interest as Clerk Typist from 1.1.64.

(3.) The short controversy in this writ petition is as to whether transfer of the petitioner from the cadre of 'Senior Laboratory Assistant' to 'Clerk Typist' was in public interest or at the behest of the petitioner. In this context Mr. Gupta has argued that the petitioner who was performing the duties of Clerk typist since his appointment could not have opted for transfer as the pay scale at the relevant time of the two categories of posts, i.e. Clerk Typist and Senior Laboratory Assistant were similar. Another argument advanced by the learned Counsel for the petitioner is that if the transfer was voluntary then the petitioner could not have written the letter dated 10.12.63 filed by the petitioner along with writ petition in which the petitioner, inter alia, has mentioned that he was taking the typing test as per the order of the Head of Department of Physics and Astro-physics and he had further written in the said letter that he hopes that he shall not be put to a loss by taking that test.