Court No. - 4 Case :- SERVICE BENCH No. - 983 of 2009 Petitioner :- Dr. Sudhir Kumar Agarwal S/O Rameshwar Dayal Agarwal Respondent :- University Of Lucknow Thru Registrar & Ors. Petitioner Counsel :- Sandeep Dixit Respondent Counsel :- U.N. Mishra,Ramesh Pandey Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Learned counsel for the petitioner submits that the petitioner is senior to
respondent no.3, in the order of preference indicated by the Selection
Committee and approved by the Executive Committee of the University.
Under the first proviso to Statute 18.05 of the Statute he is senior and
has all along been treated as senior and was working as Head of
Department. The Vice Chancellor has without issuing notice to the
petitioner, and without allowing recourse to the Statutory Seniority
Committee, ex parte decided the seniority, resulting into withdrawing the
charge of Head of Department from the petitioner. The order was not
even communicated to the petitioner.
Learned counsel for the University was required to verify, and informs
the Court that no notice was issued to petitioner.
Let the respondents to file counter-affidavit within four weeks. One week
thereafter is allowed to the petitioner to file rejoinder-affidavit.
List immediately thereafter.
In the meantime, we stay the impugned order dated 25.2.2009 by which
the petitioner’s seniority was fixed, and was declared to be junior to the
respondent no.3. The petitioner will be reinstated as Head of
Department.
Order Date :- 8.1.2010
VB/-