H. L. Gokhale, C.J. - (1.) Heard Dr. L. P. Misra in support of this appeal and Shri Umesh Chandra, Senior Advocate for respondent No. 5. Other counsel appearing for the respondents 1, 2, 3 and 4 have adopted the submissions made by Shri Umesh Chandra, appearing for respondent No. 5.
(2.) The appellant herein is a Professor working in Sanjay Gandhi Post Graduate Institute of Medical Sciences, Rae Bareli Road, Lucknow. He is a Professor of Surgical Gastro Enterology. Respondent No. 5 is also another Professor of Surgical Gastro Enterology in the same Institute. The dispute is essentially about their inter se seniority and one of them becoming Head of Department. There has been prior litigation between the two earlier. The short facts leading to the litigation are as follows.
(3.) Both the appellant and respondent No. 5 initially joined as Assistant Professors in this Institute by virtue of the same selection process. Both of them became Professors also on the same day and therefore, comes the controversy as to who is senior between the two and who should become the Head of Department.;