ARCHANA JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the constitution challenges the resolution dated 09.03.1997 (Annexure P/2) and consequential order dated 24.06.2005 (Annexure P/1). By resolution Annexure P/2 a report produced by Professor Nair is accepted, pursuant to which, respondent No. 6 is shown senior to the petitioner. On the basis of said resolution, charge of Department of Economics is given to respondent No. 6.

(2.) SHRI D.S. Raghuvanshi, Advocate for the petitioner submits that petitioner was appointed by order dated as Asstt. Professor Economics in the scale of 700 -1300. Thereafter petitioner worked with utmost honesty, sincerity and devotion. Respondent No. 5 was appointed by order dated 06.11.1981 on temporary basis in the subject of Rural Banking and Agricultural Marketing. Respondent No. 5 was fully aware that she is not appointed in the Department of Economics and therefore, she preferred representation Annexure P/7 dated 15.05.1995 seeking her absorption/assimilation in the Department of Economics. Syllabus for Faculty of Arts & Social Science (Annexure P/6) is relied upon to submit that there are different subjects including Economics, Rural Banking and Agricultural Marketing. In nutshell, it is submitted that respondent No. 5 is appointed on a different subject which does not fall under the Department of Economics. She was appointed on temporary basis and therefore, by no stretch of imagination she can secure a march in the matter of seniority over and above the petitioner. In addition, recommendation of Principal dated 13.05.2005 (Annexure P/12) is relied upon to show that even institution was of the view that petitioner is senior to respondent No. 5.

(3.) SHRI D.P. Singh, learned counsel for the respondent No. 6 submits that respondent No. 6 submitted her candidature pursuant to advertisement dated 10th July, 1981. Advertisement shows that candidature were invited for the post of Lecturer in the Department of Economics. Respondent No. 6 was appointed for the post of Lecturer in Economics by order dated 23.09.1981. By order dated 06.11.1981 although she was shown as appointed temporarily in subject of Rural Marketing and Agricultural Marketing, facts remains that this Department falls under the Department of Economics. He submits that curtains are finally drawn on this controversy when after due consideration, the University decided that the Rural Banking and Agriculture Marketing will remain under the Department of Economics.