Aloke Chakrabarti, J. - (1.) The seniority dispute between the petitioner Dr. Gyan Devi Srivastava and the respondent No. 4 Dr. Hari Shanker Tripathi and the consequential benefits are the subject matters of dispute herein.
(2.) The petitioner was appointed as permanent lecturer upon selection on 12.4.1970 and the respondent No. 4 was so appointed on 26.10.1970. By introduction of Section 31 - A in the U.P. State Universities Act 1973 and introduction of Statute 11.12 - B in the first Statute, when personal promotion scheme was introduced, both the petitioner and the respondent No. 4 were promoted as Reader under personal promotion scheme with effect from 9.11.1984. Against a vacancy in the post of Reader an advertisement was published to fill up the same upon selection and petitioner and the respondent No. 4 both applied for the same. Upon a selection process petitioner was selected and appointed as Reader on 27.10.1985 on direct recruitment basis. The respondent No. 4 though participated but could not succeed in the said selection.
(3.) Petitioner filed representation for promotion as Professor under personal promotion scheme whereupon the executive council granted such promotion to the petitioner as Professor by resolution dated 16.10.1994. Respondent No. 4 challenged the said promotion before the Chancellor under Section 68 of the U.P. State Universities Act. Petitioner filed his reply. Chancellor by his order dated 13.6.1995 held that the petitioner was entitled to the post of Professor from 27.10.1995 considering her service as Reader from the date of direct recruitment excluding the period between 9.11.1984 and 26.10.1985 as double promotion was not available in personal promotion scheme.;