BHAGWAN VATS Vs. CHANCELLOR AWADH UNIVERSITY

JUDGEMENT

(1.) S. H. A. Raza, J. The claim of seniority which has permeated, parti cularly all justiciable categories of services, is also subject-matter of the dispute, between the two teachers of a degree college, affiliated to Avadh University who have landed in this Court, after exhausting their innings, before the Vice Chancellor and Chancellor of the University.

(2.) THE petitioner was held to be senior, by the Vice-Chancellor but m exercise of the powers, conferred under Section 68 of the said Universities Act, the Chancellor reversed the decision, by holding respondent No. 2 to be senior than the petitioner.

(3.) AS the petitioner was treated as senior most lecturer in Hindi Depart ment of Jawaharlal Nehru Memorial Post Graduate College, the opposite party No. 2 for the first time, on 28-5-1982 made a representation to the Principal of the College, claiming seniority on the basis of continuity of his services, since 1968, by urging that his services under the previous employer be counted towards the seniority. After reminder the representation was decided by the Principal, holding the petitioner to be senior. la appeal, the Vice-Chancellor upheld the decision of the principal. The opposite party No. 2, thereafter made a reference to the Chancellor, Avadh University, who after considering the case of the petitioner, set aside the order passed by the Vice-chancellor, and also vide order dated 30-4-1984 said, that opposite party No. 2 was entitled to count the earlier service to seniority in view of the provisions of relevant statutes, particularly Statute No. 18. 10 (o) of the first Statute of the Gorakhpur University.