BHAVANRAOPRATAPRAO THORAT Vs. MAHATMA PHULE KRISHI VIDYAPEETH

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India involves the issue of assigning seniority in the post of Associate Professor under the respondent No. 1 Agriculture University at Rahuri as well as the consequential benefits of promotion.

(2.) THE petitioner completed his M. Sc. degree in Agriculture and came to be appointed as Assistant Professor with effect from 2-7-1973 by direct recruitment under the respondent No. 1 and was initially posted at Kolhapur. He was confirmed in 1975 and thereafter was posted at different places in different Agriculture Colleges affiliated to the respondent No. 1 University. In 1978 he came to be posted at Rahuri as Junior Scientist which post is in same cadre of Assistant Professor and he continued to serve the said post till 24-3-1988.

(3.) A provisional seniority list came to be published in the post of Assistant Professor by the respondent No. 1 University on 6-4-1985 and the name of the petitioner was shown at serial No. 28, whereas, the names of the respondents No. 2 and 3 were shown at serial Nos. 35 and 36, respectively, mainly because the said respondents came to be promoted to the said posts from 14-10-1976. By the order dated 29-2-1988 the petitioner came to be promoted to the post of Associate Professor under the Ad hoc Project of Nutrition and thereafter, a revised seniority list was published on 27th June, 1989. In the said seniority list, the seniority of the petitioner was altered and he was shown at serial No. 32, whereas, the respondents No. 2 and 3 were shown at serial Nos. 22 and 23.