M SYRIL BERNAD Vs. REGISTRAR, UNIVERSITY OF MADRAS

JUDGEMENT

(1.) This writ appeal is directed against the order, dated 28. 04. 2011, made in W. P. No. 30733 of 2006, whereby the writ petition, which was filed by the appellant challenging the order, dated 01. 06. 2006, passed by the respondent thereby fixing his seniority based on the date of his joining duty, i. e. , on 28th December, 1983, was dismissed.

(2.) It is the case of the appellant that he entered service under the Respondent/University on 24. 04. 1981 on daily rate basis, as 'Temporary Clerk' and in similar fashion, the respondent has appointed 'Temporary Clerks' for the periods from 1978 to 1983 and thereafter, the said temporary appointments made in respect of 175 'Temporary Clerks' including the appellant were made permanent in the year 1983, re-designating the said post as 'Temporary Junior Assistants' by issuing individual appointment orders. It is also the case of the appellants that by order dated 18. 10. 1985, the appointment of the appellant was regularised as 'Junior Assistant' against substantive post available in the respondent with effect from 16. 11. 1984, giving placement as S. No. 127, in the seniority list of Junior Assistants out of 175 in between the names of S. No. 126-Thiru D. Raja Rathinam and S. No. 128-Thiru R. D. Santhanam and at the inception, 73 of them had been regularised and confirmed in the then existing vacancies with retrospective effect from 24. 12. 1983 and the rest of the Junior Assistants had been regularised subsequently on various dates as and when vacancies arose.

(3.) It is the further case of the appellant that thereafter, both the sets of Junior Assistants were clubbed together by preparing a common seniority list after obtaining individual declaration from all the 175 Junior Assistants that their respective seniority has been finalised with effect from 24. 12. 1983 pursuant to Syndicate Resolution, as per the meeting held on 27. 04. 1988 approving the decision of the Accounts and Audit Committee that the seniority of the Junior Assistants must be fixed with reference to their dates of appointment in the following order:-