VARGHESE Vs. M G UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is working as Senior Lecturer, Commerce Department, Acquinas College, Kochi - 6, has challenged Ext. P1 order of the Vice Chancellor of Mahatma Gandhi University, Kottayam (1st respondent) dated 16.11.1992, by which the third respondent was declared to be senior to him in service.

(2.) The petitioner commenced service as a Junior Lecturer in the St. Albert's College, Ernakulam on 16.7.1981. While he was working as such, he was appointed as Junior Lecturer in Commerce in Acquinas College, Kochi by order dated 27-10-1981. The third respondent was also appointed as a Lecturer in the same College. Both of them joined the College on 28.10.1981. Their first appointments as well as the subsequent promotions were approved by the University. In the gradation list of teaching staff, which was prepared by the Manager of Acquinas College (2nd respondent), the petitioner was shown to be senior to the third respondent. Being aggrieved by it, the third respondent filed a representation before the first respondent - Vice Chancellor - with a request to declare him as senior to the petitioner. The Vice Chancellor considered the question as to whether R.4 or R.7(b) of the "Rules to govern the seniority of teachers of Private Colleges under the Mahatma Gandhi University" (Ext. P6) is applicable to this case. He rejected the contention of the petitioner that the first working day of the newly started college is 28.10.1981. He held that in the newly started college the first working day was the day when the Principal joined duty, ie., 1.10.1981. R.7(b) of the seniority rules is not applicable in this case and therefore, the seniority in this case was fixed as per R.4. The third respondent being senior in age, he is entitled to be declared as senior to the petitioner.

(3.) The petitioner has contended that the first working day of the college is the date on which the classes commence during the academic year. The days on which the College office functions or the Principal attends the college are not taken into account as working days of the college. Since teaching in this college commenced on 28.10.1981, the first working day of the college was 28.10.1981 and not 1.10.1981. R.7(b) of Ext. P6 is applicable to this case and the petitioner having had more length of service should have been declared as senior to the third respondent.