PUSHPA SINHA Vs. CHANCELLOR UNIVERSITIES OF BIHAR

JUDGEMENT

(1.) THE dispute in these two writ petitions relates to inter se seniority between Dr. (Mrs.) Pushpa Sinha, petitioner in CWJC No. 129/2003, Dr. (Prof.) Arun Kumar Singh, petitioner in CWJC No. 281/2003 and Dr. (Mrs.) Prabha Shukla, respondent no. 5 in CWJC No. 129/2003 and respondent no. 6 in CWJC No. 281/ 2003, as University Professor in the Department of Psychology, Patna University. The dispute being common the cases have been heard together and are disposed of by this common judgement.

(2.) CWJC No. 129/2003 is directed against the notification of the Patna University dated 31.10.2002 by which Dr. (Mrs.) Pushpa Sinha has been removed from the post of Director, Institute of Psychological Research and Services, (IPRS) and posted in Magadh Mahila College as University, and Dr. (Mrs.) Prabha Shukla has been posted as Director, IPRS in her place. CWJC No. 281/2003 is directed against the order of the Chancellor dated 19.10.2002 communicated under memo dated 23.10.2002 quashing the promotion of Dr. (Prof.) Arun Kumar Singh as University Professor from 24.3.88 and directing the University to take consequential steps. The notification dated 31.10.2002, impugned in CWJC No. 129/2003, was issued purportedly in the light of the said order of the Chancellor.

(3.) THE case of Dr. (Prof) Arun Kumar Singh is as follows. On 31.10.71 a common advertisement was issued inviting applications for appointment of lecturers in different subjects including Psychology. After interview etc. on 22.3.72 he was appointed as temporary lecturer in Psychology in Patna College. The appointment was made for period not exceeding three months against leave vacancy vice Dr. Mani Bhushan Prasad but he was allowed to continue on the post due to dearth of teachers. In fact, all the appointees like him were continued on their respective post. In 1971 -72 the Bihar Public Service Commission advertised posts of lecturer in Psychology in Patna University. After interview etc. it recommended the names of both the petitioner and the respondent i.e. Dr. (Mrs.) Prabha Shukla, amongst others. On 10.11.72 appointment letters were issued. Counting his service from 24.3.72 when he started working as V.Cs. appointee on 31.8.85 he was given time bound promotion as Reader with effect from 1.2.85 and as University Professor with effect from 24.3.88 on 3.3.97 on completion of 13 years and 16 years continuous service respectively in terms of the time bound promotion Statute approved by the Chancellor vide letter no. 4032/GS (1) dated 24.12.86. On 30.11.2000 he was appointed as Director, IPRS. Earlier on 24.4.99 a gradation list of teachers in Psychology, Patna University was circulated in which his name was placed above Dr. (Mrs.) Prabha Shukla at SI. Nos. 4 and 5 respectively. Dr. (Mrs.) Prabha Shukla preferred appeal before the Chancellor for determination of inter se seniority. The appeal was allowed on 19.10.2002. His promotion as University Professor with effect From 24.3.88 was set aside with a direction to the University to take consequential steps counting her service from 14.11.72. The case of the petitioner is that as against him, Dr. (Mrs.) Prabha Shukla was appointed as Lecturer on 14.11.72. On 3.3.97 she too was promoted as University Professor but with effect from 3.12.93. On 31.3.2000 the effective date of her promotion was shifted to 14.11.88 on the basis of date of first registration of Research scholar under her. The shifting however was contrary to the directive of the Chancellor, and though the shifting has been upheld in principle by a learned Single Judge of this Court, letters patent appeals (LPA Nos. 667 and 668 of 2001) preferred by the Chancellor have been admitted and interim order has been passed. The case of the petitioner thus is that being in continuous service from an earlier date by virtue of his initial appointment dated 22.3.72 and his joining dated 24.3.72, and further, by virtue of his prior promotion as University Professor from 24.3.88, he must be treated as senior to Dr. (Mrs.) Prabha Shukla. Her revised effective date of promotion is under cloud and subject to result of the aforementioned letters patent appeals.