PROF. S.A. SIDDIQUI versus PROF. M. WAJID KHAN AND ORS.

PROF. S.A. SIDDIQUI versus PROF. M. WAJID KHAN AND ORS.

Professors appointed under Merit Promotion Scheme and general scheme are part of the same cadre. Seniority is determined by length of continuous service in grade. The appellant, promoted as professor under Merit Promotion Scheme earlier, is senior to the respondent and entitled to all consequential benefits.

Parties
Appellant: Prof. S.A. Siddiqui; Respondent No. 1: Prof. M. Wajid Khan; Respondents: Respondents Nos. 2-4; Respondent: Respondent No. 5 (UGC)
Jurisdiction
India
Judgment Date
11 January 1999
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 4.4.97 of the Allahabad High Court in C.m.w. No. 5821 of 1996
Outcome
Appeal allowed; impugned judgment and order of Allahabad High Court set aside.
Legal Topics
Seniority of Professors, Merit Promotion Scheme, Cadre Determination
Service Law Education Law Seniority of Professors Merit Promotion Scheme Cadre Determination

Case Brief

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Parties

Prof. S.A. Siddiqui

Appellant

Prof. M. Wajid Khan

Respondent No. 1

Respondents Nos. 2-4

Respondents

Respondent No. 5 (UGC)

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 4.4.97 of the Allahabad High Court in C.m.w. No. 5821 of 1996

Legal Issues

  1. 1 Inter-se seniority between professors appointed under Merit Promotion Scheme and general scheme
  2. 2 Whether merit promotees are outside the cadre of professors
  3. 3 Applicability of Aligarh Muslim University Act and Statutes to seniority determination

Ratio Decidendi

Professors appointed under Merit Promotion Scheme and general scheme are part of the same cadre. Seniority is determined by length of continuous service in grade. The appellant, promoted as professor under Merit Promotion Scheme earlier, is senior to the respondent and entitled to all consequential benefits.

Court Disposition

Appeal allowed; impugned judgment and order of Allahabad High Court set aside.

Orders

  • Appellant entitled to seniority above respondent No. 1 and all consequential benefits.
  • No order as to costs.