B.N.S.Sapru, J. - (1.) The petitioner in the instant writ petition has challenged the order of the Vice-Chancellor, Kanpur University dated 9-1-1984 and of the Chancellor of the Kanpur University dated 28-2-1985 dismissing the petitioners representation.
(2.) The dispute relates to relative seniority of the petitioner N.S. Verma and of the respondent no. 3 Dr. K.P. Hajela who were both lecturers in Zoology in D.A.V. College, Kanpur. The material facts are that Dr. K.P. Hajela joined the College as a lecturer in a substantive capacity in Zoology on 1-9-1949 while the petitioner joined the college as Lecturer in Zoology in the substantive capacity on 12-9-1949. Thus Dr. K.P. Hajela was initially senior to petitioner in the college as he was appointed in a substantive capacity earlier than N.S. Verma.
(3.) In 1980 Dr. K.P. Hajela proceeded on leave without pay with effect from 24-12-1980 to 31-7-1983 in order to take up a teaching assignment in South Yemen at the University of Aden College of education. Dr. K.P. Hajela went for an assignment and his name was sponsored by the Govt, of India, Ministry of Home Affairs. The Government of India, vide letter dated November 29, 1980 (Annexure 2 to the rejoinder affidavit) addressed to the Principal, D.A.V. College, Kanpur informed that if there is no objection the candidate (Dr. K.P. Hajela) should be treated on deputation to the foreign Government in public interest with lien retained on the post held by him. On return, on the expiry of leave Dr. K.P. Hajela rejoined the college, the petitioner made a representation to the Principal of the D.A.V. College Kanpur explaining that he is senior to Dr. K.P. Hajela. The Principal by order dated 1-9-1983 declared the petitioner as senior to Dr. K.P. Hajela. Dr. K.P. Hajela went up to the Vice Chancellor against the order of the Principal who reversed the decision and held Dr. K.P. Hajela to be senior to the petitioner. The petitioner filed a representation dated 2-2-1984 to the Chancellor under Section 68 of the U.P. State Universities Act. The said representation as mentioned above has been dismissed by the Chancellor vide order dated 28-2-1985.;