DEVENDRA NATH TIWARY Vs. MITHILA UNIVERSITY

JUDGEMENT

(1.) THIS writ petition brings to this Court for its decision a dispute of seniority between a University teacher directly recruited to the post of Reader and another promoted first as Reader and then as University Professor, under the Time Bound Promotion Scheme. Petitioner no. 1 who is direct recruit to the post of Reader in the Department of Philosophy, L.N. Mithila University, Darbhanga claims seniority over respondent no. 7 who was promoted first as Reader and then as University Professor in that department under the Time Bound Promotion Scheme. Similarly, petitioner no. 2 who was directly apr -ointed as Reader in the Hindi Department of the University claims to be senior to respondent no. 6 who is a promotee Reader - University Professor in that Department.

(2.) IT may be stated here that according to the University seniority is to be determined on the basis of length of continuous officiation on the post (of Reader or University Professor) and applying this criterion it recognises respondents 7 and 6 as senior, not only to petitioners 1 and 2 respectively, but as the seniormost teachers in their respective departments and it has accordingly appointed them as Heads of their respective Departments of Philosophy and Hindi.

(3.) THE two petitioners on the other hand maintain relying upon some Supreme Court decisions to which I shall advert a little while later that it is only the direct recruits who constitute the cadre of Reader/University Professor and a teacher promoted to the post under the Time Bound Promotion Scheme never gets entry into the cardre. Hence, in any department of the University, it is always the directly recruited Reader/Professor who would rank senior over the promotees and a promotee can, therefore, never be appointed as the Head of the Department over a directly recruited Reader.