SUPRIYA DHABOO Vs. BASANT KUMAR AGARWAL

JUDGEMENT

(1.) THE subject -matter of the present appeal is the question of seniority between the appellant in one hand and the respondent No. 1 on the other.

(2.) THE appellant did her M.B.B.S. from Nagpur University in the year 1971 and obtained M.S. degree in the year 1978. She was appointed as lecturer in Anatomy Department of the Government Medical College, Nagpur and served there from 1.11.1973 to 7.7.1980 on the said post. On 16.3.1988 she was appointed as Assistant Professor, Non -Clinical, in the Anatomy Department of M.G.M. Medical College, Jamshedpur. However, on account of nonavailability of the vacant sanctioned post at the relevant time, she was allowed to join on the post of Tutor, from where on 2.5.1994 she was transferred to Anugrah Narayan Medical College, Gaya, on the post of Assistant. Professor, but she expressed her unwillingness to go to Gaya and continued at Jamshedpur as Tutor.

(3.) THE State Government on 26.12.1996 prepared a provisional seniority list for the teachers working in the department of Anatomy as Tutor/Assistant Professor, wherein the name of the respondent No. 1 was shown at Sl. No. 16 and that of the appellant at Sl. No. 22 and called for objection, if any. The appellant filed objection thereto. Another provisional seniority list/gradation list of the officers posted as Professor/Associate Professor/Assistant Professor/Tutor in different Medical Colleges of the State of Jharkhand, as on 4.10.2001 was published, wherein the appellant was shown at Sl. No. 4 and the respondent No. 1 at Sl. No. 6. On 5.10.2001 objection was invited with respect to the said provisional seniority/gradation list, Respondent No. 1 filed objection thereto on 10.11.2001.