SWARAN SINGH Vs. GURU NANAK UNIVERSITY

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution by a dozen assistants of the Guru Nanak Dev University is a desperate attempt against ,38 assistants of the same University on the old theme of inter se seniority on the challenge to a Single Bench decision of this Court in C W. P. 4205 of 1979 Jatinderpal Singh and Ors. v. The Guru Nanak Dev University and Ors. . C. W. P. 4205 of 1979, decided on December 19,1980.

(2.) THIS petition was initially admitted to a Division Bench. Before the Division Bench the petitioner placed reliance on a limine order passed by a Division Bench of this Court in C. W. P. 4041 of 1978 Surinder Kumar Sharma v. Guru Nanak Dev University, Amritsar, C. W. P. 4041 of 1978 on November 20, 1978. The said petition was dismissed by a one line order in view of the averments made in the return. The respondents, on the other hand, relied on Jatinderpal Singh's case (supra ). The Division Bench tentatively was of the opinion that the view taken by the learned Single Judge in Jatinder Singh's case (supra) was apparently correct, but since it ran counter to the view taken by the Division Bench in Surinder Kumar Sharma's case (supra), they referred this petition for decision to a larger Bench. In accordance therewith, this petition has been listed before this Bench for disposal.

(3.) A little factual data as culled out from the pleadings of the parties, if noted at the outset, would make things easier. The Guru Nanak Dev University Ordinance, 1969 established the University, followed by Act of the same name on November 29, 1969. Section 19 of the Act provided that the first statutes of the University shall be made by the State Government and notified in the Official Gazette. The first statutes of the University thus were promulgated by the State Government and notified in the Punjab Government provided for the determination of the seniority of the employees of the University. That is the only relevant Statute for the present controversy. Its reproduction here would be useful: