In the year 1974 the appellant was appointed as the Head of the Department of Zoology in the said College.
From the Judgment and Order dated 20th May, 1985 of the Allahabad High Court in Writ Petition No.
Aggrieved by the order of the Vice Chancellor, the first respondent preferred an appeal to the Chancellor but the Chancellor affirmed the order of the Vice Chancellor and dismissed the appeal.
The facts which are number in companytroversy, of the case, are briefly as set out below.
The appellant challenged the order of the Principal before the Vice Chancellor of Kanpur University.
Writ Petition No.
The Vice Chancellor upheld the appellants claim that he had number suffered any break in service and by virtue of his lien he was entitled to his rightful place of seniority.
The first respondent who was acting as the Head of the Department refused to hand over charge on the ground he had attained seniority over the appellant.
About six weeks later i.e. On 12.9.49 the first respondent was also appointed as a Lecturer in Zoology in the same companylege.
The appeal lies within a narrow companypass as the limited question for companysideration is whether the extraordinary leave granted to the appellant for the period 24.12.80 to 31.7.83 on the request of the Government of India for his being posted on a teaching assignment in the University of Aden South Yemen effected a break in service so as to deprive the appellant his seniority in the Department of Zoology in the D.A.V. College, Kanpur.
While companytending that he had number suffered a break in service and his seniority over the first respondent has remained intact all through his period of service on deputation, the appellant further companytended that the first respondent had in fact suffered break in service because of his spells of service at the D.A.V. College, Dehra Dun and the D.B.S. College, Kanpur and as such the first respondents claim of companytinuous service was an untenable one.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
As the first respondent refused to hand over charge of the Department, the appellant made a representation to the Principal and sought his intervention.
On 1.9.49 the appellant was appointed as Lecturer in Zoology in a substantive capacity in the D.A.V. College, Kanpur.
3710 of 1985 filed in the High Court by the first respondent herein.
3710 of 1985 under Article 226 of the Constitution before the High Court of Allahabad.
After companysiderable delay the Principal refused to companyntenance the appellants claim to seniority and sustained the stand taken by the first respondent.
C. Birla for the Respondents.
1477 of 1986.
3710 of 1985.
It is relevant to mention here that the first respondent did number also companytinuously serve the College but left its services and went to other teaching institutions, and after stints of service therein, he rejoined the Department of Zoology in the D.A.V. College, Kanpur.
It would appear that the first respondent went over on 21.1.78 as Principal of the D.A.V. College, Dehradun and thereafter he went over as Principal of the D.B.S. College, Kanpur and subsequently he came back to the D.A.V. College, Kanpur.
The Judgment of the Court was delivered by NATARAJAN, J. This appeal by special leave is directed against the order of a learned Single Judge of the Allahabad High Court in Civil Misc.
N. Kacker and R.B. Mehrotra for the Appellant.
Writ Petition No.
On the basis of such an arrangement the appellant fulfilled his teaching assignment at the University of Aden and on return to India he sought to resume his post in the College.
Thereafter the first respondent filed Civil Misc.
On 24.12.80 the appellant was granted extraordinary leave on the request of the Government of India for being sent on a teaching assignment to the University of Aden South Yemen on the express companydition that his lien on the post in the College will be maintained and his seniority will be protected.
