However, their seniority would be determined later on.
1.8.1984 The State of Uttarakhand then known as State of Uttaranchal has been curved out from the State of Uttar Pradesh.
By an order dated 9.6.1988, the services of the respondent were appointed with effect from 1.7.1983, it was stated Following officers of the Government Colleges working as Lecturers in Botany Science in the pay scale of 2200 4000 are hereby appointed on probation period of two years on the same dates with effect from the dates mentioned against their names and their earlier services would be companynted towards this probation period and they are hereby regularized on the said post and in the same pay scale.
The said direction has number been set aside by the High Court.
Validity thereof may be in question in the writ petition.
Indisputably, services of those whose names appear above the first respondent, services of those were regularized w.e.f 22.5.1980 whereas that of the first respondent was regularized from 11.7.1980.
However, the cases of nine Lecturers including the first respondent, who had been working on deputation, were left out.
However, the seniority of these lecturers shall be according to their Serial number given in the enclosed Annexure and they will be junior to those lecturers who have been regularized and appointed prior to the date of regular appointment of these lecturers.
Services of the first respondent as also several others including Savita Mohan Dhondyal, as numbericed herein before were regularized in terms of the provisions of the U.P. Regularisation Rules.
The Directorate of Higher Education, Uttar Pradesh asked the Vice Chancellor of the University to forward the list of the said Lecturers pursuant whereto, services of nine Lecturers including the respondent were regularized by an order dated 11.7.1980, stating The appointing authority in exercise of powers companyferred by Rule 5 of the Regularisation of Ad hoc Employees on the posts within the jurisdiction of the U.P. Public Service Commission Rules, 1979 issued by the Department of Personnel vide its Notification No.19/8/751 dated 14th May, 1979, and in view of the recommendations made by the Selection Committee companystituted for regularization of the ad hoc lecturers working in various Government Colleges under the Directorate of Education prior to 1st January, 1977 in the pay scale of 700 1600, hereby regularizes appointments of the lecturers with effect from the date of issuance of this order and they are being given temporarily regular appointments on the posts of Lecturers w.e.f.
The order dated 11.7.1980 categorically stated Under Rule 4 3 of Uttar Pradesh Regularisation of Ad hoc Appointment within the purview of Public Service Commission Rules 1979 framed vide numberification No.19/8/75 1 dated 14 5 1979 by the Personnel Department, on the recommendation of the Selection Committee companystituted for regularization of Lecturers appointed on ad hoc basis in the pay scale of Rs.700 1600 prior to 1 1 1977 in the U.P. Government Inter Colleges under the Directorate of Higher Education and in exercise of powers under Rule 5 of the aforesaid Rules the companypetent authority is pleased to regularize ad hoc appointment of Lecturers mentioned in the Schedule 1 w.e.f.
All Lecturers including the first respondent were companytinued and treated on deputation with the University the cut off date wherefor was fixed 16.8.1977.
The said College was declared as the Campus College of the University.
First Respondent was appointed on an ad hoc basis as a Lecturer in Government P.G. College, Almora by the State of Utter Pradesh through Vice Chancellor, Kumaon University on or about 22.9.1975.
11th July, 1980.
of Officer who has regulari vacancies Been regularized.
The seniority of these Lecturers will be as per the serial given in the schedule and they will be junior to the regularly selected Lecturers who have been appointed prior to the regular appointment of these Lecturers.
11.7.1980.
the date of issuance of this order and they are given regular temporary appointment on the post of Lecturer w.e.f.
Pursuant to and in furtherance of the said Rules, services of 355 ad hoc Lecturers were regularized.
The State of Utter Pradesh framed U.P. Regularization Rules, 1979, the relevant provisions whereof reads as under 4.
Name and designation Date of Details of No.
Objections were filed to the said seniority list wherefor recommendations were made by the Directorate of Higher Education in the following terms Dr. Joshi was appointed on ad hoc basis and pursuant to his appointment he joined Almora College on 22nd September, 1975.
sed 1 20 XX XX XX Shri Madan Mohan 1.7.1983 Regularised Joshi, Lecturer in on the post Botany Science w.e.f 1.7.1983 Vide G.O. No.2058/15 84 11 12 46/81 Dt.
Representations were made by the respondents and others.
Aggrieved by the said order, they made a representation.
It is companytended that one Savita Mohan Dhondiyal who had also been appointed as an ad hoc Lecturer on 17.4.1975 and, thus, being junior to the first respondent was regularized.
In the seniority list, the first respondent was placed at serial number 137 whereas Mrs. Savita Mohan Dhondyal was placed at serial No.102.
Later on his services were approved by the Director of Education Higher Education , Uttar Pradesh, Allahabad on 27th March, 1976 with effect from the date of his joining the post.
B. Sinha, J. Leave granted.
Inter se seniority amongst the teachers of Kumaon University is in question in this appeal which arises out of a judgment and order dated 21.3.2006 passed by a Division Bench of the High Court of Uttaranchal at Nainital in Writ Petition No.71 of 2004 .
Before adverting to the aforementioned question, we may numberice the factual matrix involved in the matter.
