The Lucknow bench of the High Court, by an interim order on Thursday, stayed any substantive appointment/nomination on the post of Head of the Department of Pharmacology Department, King George’s Medical University (KGMU), until the seniority dispute between two professors was decided by university in accordance with the rules.
Justice Bhanwar Singh and Justice Allah Raham passed the orders on a writ petition filed by Dr Kamlesh Kumar Pant claiming seniority over Dr. Anil Kumar Saxena.
The court said that in view of the long term record and meritorious performance of the petitioner (Dr Pant), as was evident from material available on record, he shall be entitled to officiate on the said post, in the meanwhile.
The bench also made it clear that the above order shall a be subject to the determination of seniority of the two professors by the KGMU and the final decision of the court.Incidentally, both the contestants were appointed on ad hoc basis as lecturers on May 5, 1984 and were regularised simultaneously in 1989.
According to the petitioner, he was all along been considered senior to the respondent but in seniority list, issued by the State Government in 1992, the respondent was placed at serial (4) while the petitioner was placed at serial no. (5).
{{/usCountry}}According to the petitioner, he was all along been considered senior to the respondent but in seniority list, issued by the State Government in 1992, the respondent was placed at serial (4) while the petitioner was placed at serial no. (5).
{{/usCountry}}This list was challenged by the petitioner.
On the contrary, according to the respondent, in the regularisation order issued on October 26, 1989, it was mentioned that the seniority amongst doctors should be determined in accordance with Rule 7 of the Regularisation Rules, which is yet to be determined by the KGMU. The orders were passed accordingly. The matter shall come up for hearing on April 19.