M.Y.EQBAL,J. - (1.) THE short question that falls for consideration in the instant appeal is as to whether the action of the University in declaring respondent no.5 senior to the appellant -writ petitioner after taking into consideration the services of respondent no.5 rendered in Jawaharla Nehru Krishi Vishwa Vidyalaya is justified.
(2.) THE appellant appointed as Associate Professor -cum -Senior Scientist at Ranchi Veterinary College, an affiliated college of Birsa Agricultural University on 20.8.1982. The appellants case is that he was selected for the post of Junior Scientist -cum -Assistant Professor, Department of Public Health and Epidemiology in the faculty of Veterinary Science and Animal Husbandry. In the select list, the appellant was placed at serial no.1, while one Dr. Ashok Dayal was placed at serial no.2. According to the appellant since Dr. Dayal did not join the post, respondent no.5 was subsequently appointed vide notification dated 20.04.1983 as Junior Scientist -cum -Assistant Professor. The grievance of the appellant is that though respondent no.5 also appeared and interviewed for the said post alongwith the appellant but his name did not find place in the select list. Further grievance of the appellant is that although respondent no.5 joined subsequent to the appellant but he was given undue advantage by counting his service rendered at Jawaharlal Nehru Krishi Vishwa Vidyalaya ( in short JNKVV.) The case of respondent no.5, on the other hand is that he was appointed vide notification dated 20.04.1983 as Junior Scientist -cum -Assistant Professor in the Department of Veterinary Public Health and Epidemiology in Birsa Agricultural University. After receiving appointment letter, respondent no. 5 requested the Chancellor to extend the time of his joining and also requested that his pay should be protected in the scale which he was getting in JNKVV, Jabalpur. The University, accordingly, vide letter dated 13.05.1983 extended the time of his joining and also ordered that his pay will be fixed accordingly. Respondent no. 5 , thereafter, joined the University on 29.06.1983. The stand of the University is that though respondent no.5 joined on 29.06.1983 that is subsequent to the appellant but since his past service period rendered in JNKVV , Jabalpur was counted and he was allowed pay protection, he became senior to the appellant. The University further stated that the appellant was promoted to the Selection Grade with effect from 1995 in the career advancement scheme as recommended by then University Grant Commission whereas respondent no. 5 was promoted to Selection Grade under the said scheme with effect from 20.10.1993.
(3.) LEARNED Single Judge after taking into consideration all these facts came to the conclusion that the University rightly rejected the representation filed by the appellant claiming seniority over respondent no.5.;