Judgment

Mrs. Sujata V. Manohar, J.-The appellant, Prof. S.A. Siddiqui, and the first respondent, Prof. M. Wajid Khan, are both Professors in the Botany Department of the Aligarh Muslim University. The dispute pertains to seniority as between the appellant and the first respond­ent. The appellant was appointed as Lecturer in the Aligarh Muslim University on 30th of April, 1965. He became a Reader in the open post of Reader on 30th March, 1979 upon his selection by the selection-committee. He was subsequently selected under the Merit Promotion Scheme for promotion to the post of Professor. On 14th of March, 1987, he was promoted as Professor under the Merit Promotion Scheme. The first respondent was appointed as Lecturer must later on 2nd of April, 1973. He was also promoted as Reader much later under the Merit Promo­tion Scheme on 1.1.1983. Thereafter he has been appointed to the open post of Professor on 10.3.1992 on his selection by the selection committee. Although the first res­pondent has been appointed as Profes­sor much later than the appellant, he contends that he alone is to be considered for the purpose of seniority and promotion since he holds the post of a Professor on r