RAM CHAND Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) The petitioners were initially appointed, as clerks, on, a contractual basis. Their recruitment and appointment as clerks, on, a contractual basis, was, in pursuance to advertisement(s) hence respectively published, on 12.8.2010, and, on 27.1.2011. The writ petitioners joined as clerks, under, the respondent-University, upon, their induction(s) thereinto, from, amongst, a, 90% quota reserved, for, direct recruitment, in stream whereof, hence the petitioners evidently fall. The apposite regularization(s), of, the petitioners also occurred subsequently. However, the petitioners become aggrieved from, the, publishing, of, a tentative seniority list, hence, borne in Annexure P-11, wherein, the petitioners stand placed below, the, appointees occurring at Sr No. 37 to 64, all wherewhom, belong to the category, or vis-a-vis, the stream of promotees, qua whom a 10% quota, for promotion is reserved, under, the apposite R&P Rule No.6, relevant portion of the rule whereof, stands extracted hereinafter.

(2.) The writ petitioners challenged, the afore incorrect assigning of seniority to them, and, to the afore appointees, rather, on, anvil of a manifest breach, of, the afore quota norms hence visibly happening.

(3.) In the reply, meted to the writ petition, the respondent-University, raised a contention therein, vis-a-vis, the occurrence, of, the afore appointees, above the writ petitioners hence in the seniority list, rather bearing consonance with the time(s), of, their regularization(s), as clerks, in, a substantive capacity, under, the respondent concerned, (i) thereupon, the afore respondent contend, that since the afore, has been made in consonance, with the relevant rules, besides, is in tandem with terms and conditions, of the apposite policy, (ii) and also with the happenings, of, regularization(s) in service, of the petitioners, in a substantive capacity, when becomes anchored, on, a tenable policy, rather remains unchallenged, vis-a-vis, its vires (iii) thereupon, the timings of the occurrence, of, regularization(s) in service of the petitioners, from, their hitherto initial induction(s) thereinto, on, a contractual basis, becoming the apposite norm(s), for, fixing the inter-se seniority, of, the petitioners, and, of the afore appointees.