NIRMALI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The dispute relates to fixation of inter- se-seniority of the Lecturers of R.G. Baruah College in the stream of Political Science. The Director of Higher Education, Assam by letter dated 9th March, 1998 (Annexure-E) directed computation of seniority from the date when the UGC Scale was given on acquisition of UGC norms. Thus, the writ petitioner who had acquired UGC norms and given scale with effect from 8.2.1991 was placed above the private respondent No.6 who had acquired the UGC norms on 3.5.1995 and given the UGC scale with effect from that date.

(2.) The said order of the Director was reviewed by the Commissioner and Secretary to the Government of Assam in the Education Department by the order dated 13.4.1999 (Annexure-I) on application of the private respondent and another Lecturer Smti Silpi Das, no longer in the service of the College. The Commissioner directed computation of seniority from the date of joining the College. Aggrieved thereby, the petitioner filed this petition for her placement in the gradation list above the Respondent No.6. The petitioner as well as the Respondent No.6 were appointed as Lecturer as per revised norms of qualification and both of them did not possess the educational qualification as per UGC guidelines. The petitioner joined the College on 1.2.1984 as Honorary (Part Time) Lecturer while the Respondent No.6 joined the College as a regular Lecturer on 1.9.1987. In the meantime the Government by the notification dated 2nd August, 1990 took over the adhoc colleges including R.G. Baruah College under deficit system of Grant-in-Aid with effect from 1.4.1990. Since the writ petitioner and the Respondent No.6 did not possess the UGC norms, the Director of Public Instructions by the letter dated 30.4.1992 (Annexure- C) allowed them to continue in service on fixed pay of Rs.2200/- per month with effect from 1.4.1990. The order of the DPI was subject to following conditions :-

(3.) The writ petitioner had obtained Ph. D Decree in Political Science on 8.2.1991 and accordingly her appointment as Lecturer on regular UGC of pay was approved by the order dated 8.3.1991 (Annexure-B) with effect from 8.2.1991. The Respondent No.6 had obtained her Ph.D Degree in the same stream on 3.5.1995 and her appointment as a regular Lecturer was approved in the UGC scale with effect from 3.5.1995.