A AUGUSTIN Vs. EXECUTIVE COMMITTEE

JUDGEMENT

(1.) THE petitioner entered the services of the Kerala Agricultural University as an Assistant Professor with effect from 26.12.1978 by direct recruitment. He was inducted into the 1986 UGC scheme as Associate Professor with effect from 13.2.1989. The 4th respondent was directly recruited to the cadre of Assistant professor with effect from 20.3.1981 and inducted into 1986 UGC scheme as Associate Professor with effect from 1.6.1990. Therefore, according to the petitioner, the petitioner is senior in service by virtue of Exts.P1 and P2 decisions of the Executive Committee of the University, which held that the seniority of teachers will be reckoned based on the cadre seniority in the directly recruited cadre at the time of induction into the UGC scheme. The appointment as head of the department and nomination as Member of Board of Studies is based on such seniority. But overlooking the petitioner's seniority, the 4th respondent was appointed as the head of the department and nominated as Member of Board of Studies, is the grievance of the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) NEITHER the University nor the 4th respondent has filed any counter affidavit in this matter. The petitioner has already submitted Ext.P8 petition in this regard before the 2nd respondent requesting that the complaint may be placed before the General Council for a decision.

(3.) IN view of Exts.P1 to P6, which would prima facie support the contention of the petitioner, it is only appropriate that the General Council of the University considers the matter and passes appropriate orders based on Ext.P8 complaint filed by the petitioner. The 2nd respondent shall place Ext.P8 before the General Council of the University within two weeks from the date of receipt of a certified copy of this judgment and the General Council shall take a decision thereon within two months therefrom. While passing orders, the General Council shall consider the applicability of Exts.P1 to P6 documents to the petitioner's claim. The petitioner as well as the 4th respondent shall be afforded an opportunity of being heard before passing orders as directed above.