DR. RASHMI SRIVASTAVA AND DR. B.D. SRIVASTAVA AND ORS. versus VIKRAM UNIVERSITY AND ORS.

DR. RASHMI SRIVASTAVA AND DR. B.D. SRIVASTAVA AND ORS. versus VIKRAM UNIVERSITY AND ORS.

Merit promoted Readers and Professors do not form the same class as directly recruited Readers and Professors; fixing seniority between them on the yardstick of continuous officiation is illegal and unconstitutional. Unless the Act is amended to create separate recruitment by promotion, there can be no fixation of inter se seniority between ex cadre merit promotees and direct recruits. However, merit promotees are entitled to the same pay, work, and status as cadre employees, but for seniority and promotion, separate lists must be maintained.

Parties
Appellant: Dr. Rashmi Srivastava; Appellant: Dr. B.D. Srivastava; Respondent: Vikram University
Jurisdiction
India
Judgment Date
30 April 1995
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals dismissed
Legal Topics
Seniority, Merit Promotion, Ex Cadre Employees, Direct Recruits, Equal Protection, Cadre Distinction, University Teachers
Service Law Constitutional Law Seniority Merit Promotion Ex Cadre Employees Direct Recruits Equal Protection Cadre Distinction +1 more

Case Brief

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Parties

Dr. Rashmi Srivastava

Appellant

Dr. B.D. Srivastava

Appellant

Vikram University

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether merit promoted Readers and Professors can claim inter se seniority and promotion with direct recruits
  2. 2 Legality of fixation of inter se seniority between merit promotees and direct recruits
  3. 3 Power of university to create additional posts for merit promotees

Ratio Decidendi

Merit promoted Readers and Professors do not form the same class as directly recruited Readers and Professors; fixing seniority between them on the yardstick of continuous officiation is illegal and unconstitutional. Unless the Act is amended to create separate recruitment by promotion, there can be no fixation of inter se seniority between ex cadre merit promotees and direct recruits. However, merit promotees are entitled to the same pay, work, and status as cadre employees, but for seniority and promotion, separate lists must be maintained.

Court Disposition

appeals dismissed

Orders

  • Combined seniority list must exclude merit promotee names; two separate seniority lists shall be maintained—one for direct recruits (cadre) and one for merit promotees (ex-cadre).
  • Merit promotees retain their pay, work, and status as Readers or Professors, but cannot claim inter se seniority or promotion with direct recruits.