S N SHARMA Vs. RAJA BALWANT SINGH COLLEGE

JUDGEMENT

(1.) This writ petition by a Lecturer in Psychology Departmentof Raja Balwant Singh College, Agra seeking a writ of certiorari quashing the orders dated March 18, 1980, a seniority list dated July 1, 1980 as far as petitioner and respondent No. 5 are concerned. The orders dated November 20, 1980 and May 13, 1983 passed by the Vice-Chancellor and Chancellor, respectively, were also prayed to be quashed.

(2.) The petitioner was appointed as Lecturer in Raja Balwant Singh College, Agra on September 1, 1963 for teaching in Working Men's Section of the said College. Raja Balwant College was previously named as Balwant Singh Rajput College (here-in-after referred as the 'College') which was a posts Graduate College. No doubt the petitioner was teaching in Working Men's Section of the College for the Degree class but there was an agreement between the petitioner and the Committee of Management of the College dated April 28, 1968 by which it was agreed that petitioner shall work as Assistant Prof, of Psychology in Working Men's Section of the College and the appointment was for whole-time duties. The Dy. Registrar, Agra University by letter dated February 3, 1966 has sanctioned that the whole-time employees of the Working Men's Section in the College which is an 'A' Class college, are entitled to post graduate pay scales as envisaged in Sub-clause (iv) of the Statute 2 in Chapter XVIII relating to Working Men's College. It is also admitted that the Agra University Act was applicable to the said University and its affiliated Colleges till it was repealed by U.P. State Universities Act, 1973. As a result of approval and sanction by Dy. Registrar, Agra University, the petitioner and other teachers of the Working Men's Section of the College were accorded approved post Graduate scales w.e.f. April 1, 1966 vide a resolution No. 4 dated July 10, 1967 by the Board of Management of the College which had agreed to pay the scale of post Graduate Lecturers to the petitioner w.e.f. April 1, 1966. The respondent No. 5 Dr. H.M. Singh was appointed in the College on July 16, 1969. The appointment was in the main College. He was confirmed in 1970 after one year probationary period. A seniority list was prepared by the College dated July 15, 1977. The petitioner was shown correctly as senior to respondent No. 5 in the seniority list. The seniority list dated July 15, 1977 was published by the Board of Management of College.

(3.) The petitioner pleaded that he had no information or any notice about the rede termination of the seniority matter concerning the petitioner and the respondent No. 5. It appears that by a letter dated March 18, 1980, the Principal of the College wrote to the Registrar (Affiliation), Agra University that with regard to determination of the seniority of the teachers of the evening section (working in Working Men's Section) of the College, it was decided that Dr.Har Mohan Singh is senior to petitioner Dr. S.N. Sharma in the Department of "Psychology". The seniority of Dr. Har Mohan Singh, respondent No. 5, was to be counted w.e.f. December 4, 1970 and that of the petitioner from July 1, 1975.