MANU BHASKAR Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) Petitioner Dr. Manu Bhasker and the third respondent Dr.M. Indukumary applied, among others, to the 1st respondent University of Kerala for recruitment as Lecturer in Sociology. There were two vacancies, one of which was reserved for candidates belonging to the Backward Community. Ultimately, both were selected vide Ext.P3 minutes. The 3rd respondent got the second rank in the open merit vacancy and the petitioner got the second rank in the reserved quota. The 3rd respondent joined duty on 25-3-1982 and the petitioner joined on 2-4-82. However, probation of the petitioner was declared earlier because of the fact that the 3rd respondent entered on leave on medical ground for nearly three months. That was confirmed as per Ext.P2 order.

(2.) Under the U.G.C Scheme, both posts were upgraded as that of Reader as per Ext.P14 order. The 3rd respondent being the senior in the list, got the promotion with effect from 29-3-1990, whereas the petitioner got it with effect from 2-4-1990. Thus, the 3rd respondent continued to be the senior.

(3.) The petitioner had staked her claim for seniority over 3rd respondent on the ground that her probation as Lecturer wad declared earlier. As per Ext.P22 order, the University, however, decided on 31-10-91 that the 3rd respondent was senior to the petitioner. When the post of professor fell vacant in the year 1995, the 3rd respondent was nominated as Professor vide Ext.R3 (h) order dated 29-6-95. While so, a regular vacancy of Reader arose in the Department, which was advertised for being filled up through direct recruitment. The petitioner applied for the post and got selected and she became Reader in the regular post on 21-5-1998 as mentioned in Exts. P28 and P23 order.