- (1.) The petitioner is lecturer in the Chemistry Department of the Allahabad University. She has approached this court under Art. 226 of the Constitution for the issue of a writ of certiorari quashing the order of the Chancellor dated May 31, 1978, rejecting her representation against the fixation of her seniority. The petitioner has further claimed relief for the issue of a writ of mandamus directing the University of Allahabad to treat the petitioner senior to respondents Nos. 3 to 14 who are teachers in the Chemistry Department of Allahabad University.
(2.) Initially the petitioner was appointed ad hoc Lecturer in November 1962 in the Department of Chemistry of Allahabad University. Her services were, however, terminated before summer vacation. In July 1963 the petitioner was again appointed Lecturer in temporary capacity. While serving as temporary Lecturer, the petitioner made an application for grant of Ex-India Study Leave. She was granted leave without pay in October, 1968 for 8 months to persue her study in Sir George Williams University, Montreal, Canada. Meanwhile applications were invited by the University for regular appointment to the posts of Lecturers. The petitioner and the respondent applied for the same. On 3-4-1969 the Selection Committee met which selected the petitioner in absentia for the post of permanent lecturer in the Chemistry Department along with respondents Nos. 3 to 13 for permanent appointment as Lecturers in the Department of Chemistry. On 26-4-1969 the Executive Counsel of the University accepted the recommendations and appointed the petitioner and respondents Nos. 3 to 14 to the posts of permanent Lecturer on probation. The respondents Nos. 3 to 13 hereinafter referred to as respondents who were already working as temporary lecturers in the Department of Chemistry of Allahabad University, joined their duties as Lecturers on permanent posts on 27-4-1969, while respondent No. 14 joined his duty as permanent lecturer on 28-4-1969. On 29-4-1969 the Registrar of the University sent appointment letter to the petitioner at her Canada address. In that letter it was stated that the petitioner was appointed on probation for 2 years with effect from 26-4-1969 or the date of joining whichever is later. She was asked to confirm if she was willing to accept the offer.
(3.) On July 23, 1969 she joined her duties on the permanent post of lecturer. It appears that before joining her duties, the petitioner had by her letter dated 22-5-1969 requested the Vice Chancellor to grant her Ex-India Study Leave with full average pay instead of without pay as she had been appointed a permanent lecturer. The University vide its letter dated July 5, 1969 informed her that the order of her appointment on substantive basis would be effective only when she resumed her duty and till then she was not entitled to leave with average pay treating her to be a permanent Lecturer. This information was given to the petitioner in pursuance of the decision taken by the Vice Chancellor after considering the practice prevailing in the University. The Vice Chancellor was of the view that since the petitioner was a temporary teacher and she had been granted leave without pay, she could not be granted leave with average pay treating her a permanent teacher unless she joined her duties. The petitioner thereafter joined her duties in the forenoon of July 23, 1969. The petitioner again made an application on 25-7-1969 stating that she had resumed her duties on the reopening day after summer vacation on 23-7-1969 and she should be treated to have joined her post with effect from 28th May, 1969 the date on which the University closed for summer vacation. Her case was considered by the Executive Council at its meeting on 24th January 1970, and the council accepted her request and resolved that the date of her permanent appointment be taken to be 28th May 1969.;