- (1.) S. H. A. Raza, J. The claim of seniority which has permeated, parti cularly all justiciable categories of services, is also subject-matter of the dispute, between the two teachers of a degree college, affiliated to Avadh University who have landed in this Court, after exhausting their innings, before the Vice Chancellor and Chancellor of the University.
(2.) THE petitioner was held to be senior, by the Vice-Chancellor but m exercise of the powers, conferred under Section 68 of the said Universities Act, the Chancellor reversed the decision, by holding respondent No. 2 to be senior than the petitioner. The Avadh University which is also governed by the State Univer sities Act, 1973, came into existence much later than the Gorakpur University, which is also governed by the State Universities Act. After coming into existence of Avadh University several degree Colleges affiliated to Gorakhpur University as well as Kanpur University were affiliated to the Avadh University and till before framing of the statutes by the Avadh University various provi sions of statutes framed by the Gorakhpur University were made applicable. In the instant case the petitioner has challenged the applicability and interpre tation of the some of the statutes as made by the transfer. The petitioner was appointed as lecturer in the Hindi department of Jawaharlal Nehru Memorial College, Barabanki on 8-12-1971, and in due course was confirmed and is still working in the said college, which was earlier affiliated to Kanpur University. The opposite party No. 2 was also appointed lecturer in the same department of the said college and joined as such on 14-9-1977. Earlier the opposite party No. 2 was first appointed as lecturer in the D. A. V. Post Graduate College, Azamgarh, which was affiliat ed to Gorakhpur University and he was confirmed as such on 2-9-1970 and continued to serve in the said College upto 13-9-1977, viz. , the date, previous to his joining as lecturer In Jawahar Lal Nehru Memorial Post Graduate College. Barabanki.
(3.) AS the petitioner was treated as senior most lecturer in Hindi Depart ment of Jawaharlal Nehru Memorial Post Graduate College, the opposite party No. 2 for the first time, on 28-5-1982 made a representation to the Principal of the College, claiming seniority on the basis of continuity of his services, since 1968, by urging that his services under the previous employer be counted towards the seniority. After reminder the representation was decided by the Principal, holding the petitioner to be senior. la appeal, the Vice-Chancellor upheld the decision of the principal. The opposite party No. 2, thereafter made a reference to the Chancellor, Avadh University, who after considering the case of the petitioner, set aside the order passed by the Vice-chancellor, and also vide order dated 30-4-1984 said, that opposite party No. 2 was entitled to count the earlier service to seniority in view of the provisions of relevant statutes, particularly Statute No. 18. 10 (o) of the first Statute of the Gorakhpur University. The first Statute of Avadh University came into force on 15-4-1978 and till then the first Statute of the Gorakhpur University, which itself were enforced with effect from January 28, 1977 were applicable, whereas the opposite party No. 2 joined the Jawahar Lal Nehru Memorial Post Graduate College as lecturer on 14-9-1977, after enforcement of the first Statute of the Gorakhpur University, but prior to enforcement of first Statute of Avadh University. The petitioner who was already a lecturer in the University even before coming into force of first statute of Gorakhpur University, claimed the seniority ; particularly in view of Statute 18. 01 of the Gorakhpur Univer sity which reads as hereunder : "18. 01.-The Statute contained in this Chapter shall not effect the inter se seniority of teachers employed in the University from before the commencement of these Statutes.;