DR. KM. SUMAN AGARWAL versus THE VICE CHANCELLOR AND ORS.

DR. KM. SUMAN AGARWAL versus THE VICE CHANCELLOR AND ORS.

Both direct recruits and those appointed by personal promotion as Readers form part of the same cadre for the purposes of seniority, but the promotee is a temporary addition to the cadre. Inter se seniority is determined based on length of continuous service in the cadre of Reader. As the respondent was promoted as Reader by personal promotion before the appellant's direct recruitment, the respondent is senior in the cadre.

Parties
Appellant: Dr. Km. Suman Agarwal; Respondents: The Vice Chancellor and Ors.; Third Respondent: Dr. (Mrs.) Hiru Kumar
Jurisdiction
India
Judgment Date
29 November 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court
Outcome
Appeal disposed of
Legal Topics
Seniority in University Cadre, Personal Promotion Scheme, Inter Se Seniority, Temporary Addition to Cadre
Education Law Administrative Law Seniority in University Cadre Personal Promotion Scheme Inter Se Seniority Temporary Addition to Cadre

Case Brief

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Parties

Dr. Km. Suman Agarwal

Appellant

The Vice Chancellor and Ors.

Respondents

Dr. (Mrs.) Hiru Kumar

Third Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether appointment as Reader under personal promotion forms part of the cadre of Readers
  2. 2 How inter se seniority between direct and personal promotion appointees is determined under the relevant Act and Statutes

Ratio Decidendi

Both direct recruits and those appointed by personal promotion as Readers form part of the same cadre for the purposes of seniority, but the promotee is a temporary addition to the cadre. Inter se seniority is determined based on length of continuous service in the cadre of Reader. As the respondent was promoted as Reader by personal promotion before the appellant's direct recruitment, the respondent is senior in the cadre.

Court Disposition

Appeal disposed of

Orders

  • Dr. (Mrs.) Hiru Kumar, having been made in-charge Director, shall continue until a regular incumbent takes charge as Director.
  • The University is directed to determine and appoint the eligible candidate as a Professor as expeditiously as possible within 6 weeks from the date of receiving this order.