N V R KAPALI Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) The admitted facts are as follows: The petitioner was appointed as Project Officer in Population Education Resource Centre (for short 'PERC'), in the Department of Adult and Continuing Education, University of Madras, with effect from 10.4.1987, one of the 20 point programme sought to be implemented by the third respondent -Commission through the first respondent -University and thereafter, was appointed as Assistant Director in the PERC itself with effect from 5.8.1989, while the second respondent was appointed as Project Officer in the Department of Adult and Continuing Education, an extension programme under UGC 16th point of the 20 point programme with effect from 14.8.1989, sought to be implemented again by the third respondent -Commission through the first respondentUniversity. Both the programmes viz., Population Education Resource Centre as well as Adult and Continuing Education and extension programme come under the scheme called "Eradication of Illiteracy" and "Population Continuing Education" under the same department called "Adult and Continuing Education". 1.2.

(2.) Mr.Mohan Parasaran, learned Senior Counsel appearing for the petitioner, challenges the impugned proceedings of the first respondentUniversity dated 2.9.2002 fixing the seniority of the petitioner and the second respondent on the ground that the same is arbitrary, discriminatory and violative of Article 14 and 19(1)(g) of the Constitution of India, as unequals are treated as equals.

(3.) Per contra, Mr.N.Rajan, learned counsel appearing for the first respondent -University, submits that the seniority could be reckoned from the date of absorption, but cannot be from the date of recruitment under the other employer, viz., the third respondent -Commission herein and therefore, there is neither arbitrary nor unreasonable exercise of the power by the first respondent -University nor discrimination or violation of Article 14 and 19(1)(g) of the Constitution of India.