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1989 Supreme(P&H) 447
PUNJAB & HARYANA HIGH COURT
M.M.Punchhi, Ujagar Singh and A.P.Chowdhri JJ.
Swaran Singh
Versus
Guru Nanak University
Civil Writ Petition No. 460 of 1984,
Decided On : MAY 29, 1989
The first proviso to Statute 32 of the Guru Nanak Dev University, which provides for the determination of seniority of persons recruited from other Universities/government departments or Local Bodies during a specified period, is applicable to direct recruitments as well.
Headnote:
STATUTE 32 - GURU NANAK DEV UNIVERSITY - SENIORITY DETERMINATION - FIRST PROVISO - INTERPRETATION - APPLICABILITY TO DIRECT RECRUITMENTS - SECOND PROVISO - ORDER OF MERIT - THIRD PROVISO - INTER SE SENIORITY - PARENT DEPARTMENT - DEFINITION - CONTINUITY OF SERVICE - DISCRIMINATION - ARTICLE 226 OF THE CONSTITUTION.
Fact of the Case:
A petition by a dozen assistants of the Guru Nanak Dev University challenging the seniority list prepared by the University and the interpretation of Statute 32, which determines the seniority of employees in the University, by a Single Bench of the High Court in CWP 4205 of 1979 Jatinderpal Singh and Ors. V/s. The Guru Nanak Dev University and Ors. The petitioners contended that the Single Bench decision was erroneous and that the University had changed its stance on the interpretation of Statute 32, which resulted in discrimination against them.
Finding of the Court:
The Court interpreted Statute 32 and held that the first proviso, which provides for the determination of seniority of persons recruited from other Universities/government departments or Local Bodies during a specified period, is applicable to direct recruitments as well. The Court also held that the second proviso, which provides for the order of merit determined by the Selection Committee, is not paramount and does not override the first proviso. The Court further held that the third proviso, which regulates the inter se seniority when two or more employees are appointed on the same day, is applicable to cases covered by the first proviso. The Court also held that the definition of parent department adopted by the University Syndicate is fair and sound, but it lacks in one particular, which is that if the parent department itself has given credit of continuity of service to the employee of service rendered in the department in which he was previously employed, it goes without saying that the length of service for the purpose of the parent department, shall be the service thus reckoned.
Issues: 1. Whether the first proviso to Statute 32 is applicable to direct recruitments? 2. Whether the second proviso to Statute 32 overrides the first proviso? 3. Whether the third proviso to Statute 32 is applicable to cases covered by the first proviso? 4. Whether the definition of parent department adopted by the University Syndicate is fair and sound?
Ratio Decidendi: 1. The first proviso to Statute 32 is applicable to direct recruitments as well as recruitments by transfer or promotion. 2. The second proviso to Statute 32 does not override the first proviso. 3. The third proviso to Statute 32 is applicable to cases covered by the first proviso. 4. The definition of parent department adopted by the University Syndicate is fair and sound, but it lacks in one particular, which is that if the parent department itself has given credit of continuity of service to the employee of service rendered in the department in which he was previously employed, it goes without saying that the length of service for the purpose of the parent department, shall be the service thus reckoned.
Final Decision: The petition was dismissed.
M.M.Punchhi, J.
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/s. 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/s. 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 Singhs case (supra ). The Division Bench tentatively was of the opinion that the view taken by the learned Single Judge in Jatinder Singhs case (supra) was apparently correct, but since it ran counter to the view taken by the Division Bench in Surinder Kumar Sharmas 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. Sec.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
