LAWS(MAD)-2004-10-102

R KRISHNARAJ Vs. SYNDICATE OF ALAGAPPA UNIVERSITY

Decided On October 20, 2004
R.KRISHNARAJ Appellant
V/S
SYNDICATE OF ALAGAPPA UNIVERSITY Respondents

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a Writ of Certiorarified Mandamus, calling for the impugned resolution of the first respondent, Resolution No. 38 (b) dated 30. 12. 1996 insofar it relates to the petitioner and the third respondent and fixing inter-se Seniority as Readers in the Department of Education and the consequential impugned communication of the second respondent in RC A7/inter-se Seniority/97, dated 26. 2. 1997 and all other connected records and to quash the same and direct respondents 1 and 2 to fix the petitioner as the senior most Reader in Adult Education in the Department of Education.

(2.) THE petitioner was appointed as Lecturer in Alagappa University on 15. 12. 1987; the third respondent was also appointed as Lecturer along with the petitioner. While so, selection was made for appointment to the post of Readers. Both of them were selected and appointment orders were issued separately. On receipt of the appointment orders, the petitioner joined the post of Reader on 26. 6. 1991, whereas the third respondent joined the post on 27. 6. 1991. In view of the fact that the petitioner joined one day prior to the third respondent, the petitioner claims that he shall be the senior among the two. But, the Syndicate by the impugned order has fixed the seniority placing R3 as senior to the petitioner.

(3.) ADMITTEDLY, both of them were working as Lecturers and R3, had ten years experience more than that of the petitioner in the post of Lecturer. Both of them were selected for the post of Readers, and in the appointment order itself, the seniority should have been specifically fixed. In the appointment order, it is specifically stated that the order of appointment is subject to the approval of the Syndicate. The order reads as follows: