- (1.) THIS petition under Article 226 of the Constitution by a dozen assistants of the Guru Nanak Dev University is a desperate attempt against ,38 assistants of the same University on the old theme of inter se seniority on the challenge to a Single Bench decision of this Court in C W. P. 4205 of 1979 Jatinderpal Singh and Ors. v. The Guru Nanak Dev University and Ors. . C. W. P. 4205 of 1979, decided on December 19,1980.
(2.) THIS petition was initially admitted to a Division Bench. Before the Division Bench the petitioner placed reliance on a limine order passed by a Division Bench of this Court in C. W. P. 4041 of 1978 Surinder Kumar Sharma v. Guru Nanak Dev University, Amritsar, C. W. P. 4041 of 1978 on November 20, 1978. The said petition was dismissed by a one line order in view of the averments made in the return. The respondents, on the other hand, relied on Jatinderpal Singh's case (supra ). The Division Bench tentatively was of the opinion that the view taken by the learned Single Judge in Jatinder Singh's case (supra) was apparently correct, but since it ran counter to the view taken by the Division Bench in Surinder Kumar Sharma's case (supra), they referred this petition for decision to a larger Bench. In accordance therewith, this petition has been listed before this Bench for disposal.
(3.) A little factual data as culled out from the pleadings of the parties, if noted at the outset, would make things easier. The Guru Nanak Dev University Ordinance, 1969 established the University, followed by Act of the same name on November 29, 1969. Section 19 of the Act provided that the first statutes of the University shall be made by the State Government and notified in the Official Gazette. The first statutes of the University thus were promulgated by the State Government and notified in the Punjab Government provided for the determination of the seniority of the employees of the University. That is the only relevant Statute for the present controversy. Its reproduction here would be useful: "32. (1) The Seniority inter se of members of any service in the Guru Nanak Dev University, Amritsar shall be determined by the length of service on a post in that service : Provided that the seniority of persons recruited from other University/government departments or Local Bodies during the period from 1st November. 1969 to 30th October, 1910 shall be determined on the basis of length of their service in that cadre in their parent department, if their is no break in service between their relinquishing the charge in the parent department and the joining service of the Guru Nanak Dev University, Amritsar. This shall be operative for one year with effect from 1st November, 1969 : Provided further that in the case of members recruited by direct appointment, the order of merit determined by the Selection Committee shall not be disturbed in fixing the seniority : Provided further that in the case of two or more employees appointed on the same date, their seniority shall be determined as follows : (a) an employee recruited by direct appointment shall be senior to a member recruited otherwise; (b) an employee recruited by promotion shall be senior to a person recruited by transfer; (c) in the case of employees recruited by promotion or transfor, seniority shall be determined according to the seniority of such employees in the appointments from which they were promoted or transferred; and (d) in the case of employees recruited by transfer from different cadres, their seniority shall be determined according to pay; preference being given to a member who was drawing higher rate of pay in his previous appointment and if the rates of pay drawn are also the same thereby, their length of service in those appointments and if the length of service is the same, an older member shall be senior to a younger member. (2) The first proviso to clause (1) shall not be applicable to members of the teaching staff. (3) In the case of employees whose period of probation is extended under the provisions of the Statutes, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended. ";