R.L. Gulati, J. - (1.) In these two writ petitions as common question relating to the interpretation of Statue 7-B of the Agra University arises and hence these petitions are being disposed of by a common judgment.
(2.) The petitioner, M.L. Singhal, is a Lecturer on the post graduate side in the Department of Physics in the M.S. College, Saharanpur. He joined service on September 26, 1961 in the grade of Rs. 225-450/-. The Department of Physics was upgraded to the post graduate level with effect from 6th August, 1964 and the scale of pay of Lecturer was accordingly revised to Rs. 250-500/-. The question arose of inter se seniority of the petitioner and the 4th respondent Shri O P. Gaur. The Principal of the College, the Second respondent by his letter dated 2nd April, 1969 informed the petitioner that respondent No. 4 had been placed higher to the petitioner as he had joined the degree department before the petitioner. The petitioner filed an appeal before the Vice-Chancellor, Meerut University, Meerut. By this order dated 19th July, 1969 the Vice Chancellor rejected the petitioner's appeal. On 31st March, 1969 the Principal circulated the seniority list in which the petitioner had been shown below Sri O.P. Gaur. The petitioner is aggrieved and has approached this Court under Article 226 of the Constitution.
(3.) The seniority list has to be determined in accordance with the provisions contained in Statute 7-B of the Agra University Statutes, which were at the relevant time applicable to the teachers of the Meerut Univeisity. That provision reads:- "7-B. The seniority in service of teachers in a particular college shall be determined by the length of service in that college in the same cadre and in the same grade : Provided that in the case of teachers whose length of service is the same the seniority shall be determined by age according to the High School or equivalent certificate : Provided further that if a teacher working in an affiliated/ associated college in Uttar Pradesh leaves it and joins another affiliated/associated college in Uttar Pradesh, on a post in the same cadre and in the same grade, the service rendered by him in the previous college in that cadre only will also be taken into account for determining his seniority." The petitioner was appointed on 26th September, 1961 his date of birth is 10th May, 1937. O.P. Gaur was appointed on 11th September, 1961 and his date of birth is 25th December, 1939. The petitioner as also Mr. Gaur were upgraded on the same day viz. 6th August, 1964. The upgraded scale of pay is higher. Thus even though Mr. Gaur joined service earlier than the petitioner but for purposes of determining seniority within the meaning of Statute 7-B, their length of service shall have to be calculated from the date they came in the higher grade. Obviously both of them came in the higher grade on the same date, namely, 6th August, 1964. In such a situation, according to the provisions of Statute 7-B, if the length of service of the two teachers is the same then the seniority shall be determined with their respective ages. The petitioner is older than O.P. Gaur. Therefore he would be senior to him. Their seniority cannot be determined with reference to their length of service because the length of service in the same grade is relevant. Their grade and cadre having changed, the length of service has to be recknoned with reference to the date on which they entered the higher grade and as both of them entered the higher grade on the same day, their seniority shall be determined according to their respective ages. This view finds support from the decision of a Division Bench to Special Appeal No. 253 of 1970 Sri Dina Nath Bhargava v. His Excellency the Governor of U P. and others (decided on 29th March, 1973). There also Statute 7-B of the Agra University came up for consideration. In the circumstances similar to the present one, their Lordships held that since both Bhargava and Saxena were appointed in the lecturers grade for post graduate classes on the same day, their length of service in this cadre and grade were the same. Since admittedly, Bhargava is older in age than Saxena he would by virtue of the provisions of first proviso be senior to Saxena in the cadre and grade of lecturers for post graduate classes.;