GAURI SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially, this writ application was filed for quashing the seniority list dated 28.5.1995, contained in Annexure 7/A, whereby Respondent Nos. 5 and 6 were shown senior to the Petitioner in the rank of Associate Professors. But during the pendency of this writ application, vide a notification dated 20.6.1994, contained in Annexure 7/D, Respondent No. 5 was promoted as Professor Incharge, General Medicine Department, P.M.C.H. Therefore, a prayer was also made for quashing of that notification.

(2.) The Petitioner claims seniority over Respondents 5 and 6 on basis of his placement in Annexure 2 dated 14.11.1979, whereby he and Ors. were promoted as Associate Professors with effect from the date of joining. But the Petitioner did not join at that time whereas Respondent Nos. 5 and 6 joined immediately in terms of the notification. At the time of promotion, in the notification, admittedly the Petitioner was shown senior to Respondent Nos. 5 and 6. But the promotion to the ranks of Asst. Professor was to be made effective from the date of joining.

(3.) Admittedly the Petitioner did not join his place of posting till 29.11.1980, but on the other hand, Respondent Nos. 5 and 6 joined their posts then and there. Therefore in view of terms and conditions of their promotion, they became senior to the Petitioner. In fact, the Petitioner joined at Patna subsequently on 29.10.1980, therefore, he was not entitled to count the period between 14.11.1979 to 29.10.1980 for fixation of seniority.