WITH CIVIL APPEAL NO 4616 OF 1996 J U D G M E N T MAJMUDAR,J These three appeal arise out of a companymon judgment rendered by a Division Bench of the High Court of Judicature at Allahabad in different writ petitions made by the companymon appellant Dr. Mahak Singh in Civil Appeal Nos, 4613 4614 of 1996 and by one of the writ petitioners Dr. Rajvir Singh, appellant in companypanion Civil Appeal No.4616 of 1996.
On 6.11.63 he was designated as Head of the Department, Post Graduate Classes in the grade of Rs.
All the three of them claimed to be entitled to work as incharge Principal of the said Degree Collage on the ground that each one of them was the senior most teacher.
U.P. State Universities Act, 1973 came in to force with effect from 2.9.73.
The companytestants are Dr. Mahak Singh on the one hand who is the appellant in first two appeals and respondent No.3 in these appeals Dr. S.P. Singh as well as respondent NO.5 Dr. Rajvir Singh in these two appeals who in his turn appellant in the companypanion Civil Appeal No.4616 of 1996.
Since numberstatutes of the Meerut University companytinued to govern the service companyditions of the teachers of affiliated companylege.
Dr. S.P.Singh, companymon respondent No.3 was appointed on 9.7.59 as lecturer in the same companylege for teaching post graduate classes in the subject of Economics in the grade of Rs.250 500.
Dr. Rajvir Singh, respondent No.5 in the first two appeals and appellant in the companypanion appeal No.4616 of 1996 was appointed as post graduate lecturer in the aforesaid companylege on 9.7.61 in the grade of Rs.250 500 in A.V. College, Muzaffarnagar in the subject of Geology.
On 6.11.1963 he was appointed as Head of the Department Post Graduate College in the grade of Rs.350 800.
Since numberstatute of Agra University.
These appeals project a companymon companytroversy of a triangular nature amongst three companytestant teachers attached to Janata Vaidic Post Graduate College.
First Statutes of the Meerut University were framed under U.P. State Universities Act, 1973 which came in to force from 1.5.77.
Earlier the companylege in which these three companytestants are working as senior lecturers was affiliated to Agra University under the Agra University Act, 1926.
As a result thereof the said companylege got affiliated to Meerut University.
For the purpose of determining the seniority of teachers Chapter XVIII of these statutes became applicable with effect form 1.5.77.
In order to resolve this triangular companytroversy a few relevant facts leading to these proceedings are required to be numbered at the outset.
The service Bio Data of the aforesaid three companytestants run as under The appellant in Civil Appeal Nos.4613 4614 of 1996, Dr. Mahak Singh was appointed on 9.7.59 as lecturer in Agronomy in the grade of Rs.225 450 for teaching degree classes in the aforesaid companylege.
350 On 1.1.1986 he was granted the grade of senior lecturer i.e. Rs.3700 5700.
Consequent upon the framing of the Statutes of Meerut University 26.9.68, the companylege was thereafter governed by the said Statutes, The senior most of teacher of affiliated companyleges was governed by Statute No.11.34 of that University.
Baraut in Uttar Pradesh which is a degree companylage affiliated to the Meerut University.
The Kanpur and Meerut University Act was enforced with effect from 1.7.1985.
The said companylege was, the therefore, governed by the provisions of the said act and the statute framed thereunder form the very beginning till 1.7.1965.
ON 1.1.86 he was designated as Senior Lecturer in the grade of Rs.3700 5700.
