VINAYAK Vs. PUNJABRAO DESHMUKH KRISHI VIDYAPEETH AND ORS.

JUDGEMENT

(1.) HEARD learned counsel appearing for the respective parties.

(2.) BY this petition filed under Article 226 of the Constitution of India the petitioner seeks quashing of order dated 15.7.1998, issued by respondent No. 1 - employer, promoting respondent No. 2 to the post of "Assistant Professor of Pathology" for a period of eleven months. This Court, on 30.3.1999, issued Rule in the matter and also granted Rule on interim relief. However, no orders as such are passed and no interim relief is operating. On 3.4.2002, i.e. after expiry of period of eleven months, this Court has ordered "no interim relief at present".

(3.) IT is pointed out that respondent No. 2 was not having Ph.D. Degree and, therefore, on 15.7.1998 was receiving salary in the Pay Scale of Rs. 2200 - 4000 i.e. the Pay Scale lower than that of the petitioner. As such, when the promotions were to be made on regular basis, entitlement of the petitioner needed to be considered first. Learned counsel submits that as per the provisions of Government Resolution dated 20.3.1997, a person like respondent No. 2 regularly promoted is made senior to a person like the petitioner who has been designated as "Associate Professor". Consequently, validity of Clause No. (iv) of said Government Resolution dated 20.3.1997 is also assailed urging it to be arbitrary.