MD. KALIMUDDIN Vs. BIRSA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) IN the present writ application the petitioner has prayed for quashing of the letter dated 09/06/1999 (Annexure -12) and the letter dated 12/11/1999 (Annexure -14), both issued by the orders of the Vice Chancellor, Birsa Agricultural University, Ranchi declaring Dr. Rajendra Yadav respondent No. 5 as senior to the petitioner Dr. Md. Kalimudduin and also rejecting the representation filed by the petitioner against the said declaration of the seniority. Further prayer of the petitioner is for direction to the respondents to restore the seniority of the petitioner over Dr. R. Yadav respondent No. 5.

(2.) THE case of the petitioner is that Ranchi Veterinary College is an affiliated college of Birsa Agricultural University and Birsa Agricultural University has two others constituent colleges namely Ranchi Agriculture College, Ranchi and Forestry College, Ranchi. The petitioner was appointed as Associate Professor -cum -Senior Scientist at. Ranchi Veterinary College vide Annexure -3 dated 20/08/1982.

(3.) THE grievance of the petitioner is that though the respondent No. 5, who also appeared for the said interview alongwith the petitioner and his name did not find place in the list of selected candidates whereas the name of the petitioner was at Sl. No. 1 but the respondent No. 5 Dr. Rajendra Yadav, who joined the said post which was vacant due to non -joining of Dr. A. Dayal, after about 10 months of the petitioner, has wrongly and illegally been declared senior to the petitioner by the respondent University. According to the petitioner, in the case of respondent No. 5 Dr. Rajendra Yadav, while computing 8 years of continuous service requirement, the University ignored the criteria fixed by the U.G.C. and allowed him undue advantage in the shake of break in service in his placement in Senior scale and further promotion as Associate Professor. Dr. yadav had rendered serviced at Jawahar Lal Nehru Krishi Vishwa Vidyalaya (JNKVV) Mhow as Assistant Professor, Micrology w.e.f. 23/08/1976 to 25/06/1983 and he left the service of JNKVV by resigning at his own will and he joined Birsa Agricultural University on 29/06/1983 as Assistant Professor and, therefore, the period from 26/06/1983 to 28/06/ 1983 (3 days) he was not in service in either of the institutions, which amounted to break in his continuous service. This fact was ignored by the University at the time of counting the continuous service of the respondent No. 5.